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Provo • Orem plastic surgeon Joseph Edward Berg, who last year kidnapped and assaulted his longtime girlfriend, was sentenced Monday to 180 days in jail followed by 36 months of probation, including anger management and substance abuse treatment.
"Hopefully this will be what it takes to hit rock bottom," said Judge Samuel McVey.
Berg, 47, had pleaded guilty in 4th District Court to a reduced count of second-degree felony kidnapping and two third-degree felony counts of possession of a controlled substance and possession of a firearm by a restricted person. The firearm charge stemmed from having a gun while also illegally possessing prescription drugs, court documents state.
Two other counts against Berg were dismissed as part of the plea agreement. The felony charges will be reduced to misdemeanors if Berg successfully completes probation.
"I'm so sorry I lost my way," Berg told the court Monday afternoon. "I am responsible for what happened. Nobody else is to blame."
The woman he attacked said they still live together.
"I know in my heart he will be back and regain the success he had before the addiction took hold," she said.
Berg — who must report to the Utah County jail by 5 p.m. on Wednesday — said he and the woman plan to wed.
Berg's attorney, Dean Zabriskie, said the man suffered from depression because of a divorce that cost millions.
The defense also claimed Berg became addicted to the prescription pills that he took to ease back pain from his days as a BYU football player.
According to charging documents, Berg attacked his live-in girlfriend in the early hours of Nov. 6, grabbing her hair and dragging her to a bedroom closet.
During the altercation, the 48-year-old woman managed to dial 911 from a bathroom phone, which she left off the hook, the charges state. In the recording, nothing is said directly into the phone but a woman can be heard pleading for a man to stop.
Berg, who owns the Cosmetic Plastic Surgery Institute in Orem, tied the woman's hands and tried to stop her from screaming by covering her mouth, first with his hands and then with a cloth, court documents state.
After 20 minutes of knocking, according to court documents, police forced their way into the home and found the woman bound and kneeling in a closet.
"Everything crashed and collapsed on that particular day," said Zabriskie.
In January, the state's Division of Professional and Occupational Licensing (DOPL) suspended Berg's medical license. According to a DOPL report, Berg began acting strangely this summer: His staff witnessed him fall asleep standing up, swallow handfuls of pills and buy drugs not used in his practice. His erratic actions caused staff members to cancel his surgeries and quit en masse, according to the report.
DOPL had received complaints that Berg "was showing up to his office displaying signs of severe substance abuse," according to a decision released in January.
The reports made to DOPL "included allegations that [Berg] had passed out in his office and that he carried medications that he was self-administering," the documents state.
Berg agreed to surrender his license and not reapply for a license for three years unless he completes his treatment and probation before reapplying.