About a week later, Berge was diagnosed with an aggressive form of brain cancer, according to his friend
According to court documents: The Mini Cooper's driver told police that she had to get Berge's attention because he apparently was unaware of the collision. The two pulled over to a safe location and exchanged insurance information.
The Mini Cooper's driver then asked Berge why a light on his
The documents also show that one witness told police that Berge was driving erratically southbound on
"That witness stated at one point he saw Berge driving with his cellphone in his hand and Berge kept looking down at his phone," one affidavit said. "The witness stated that Berge was varying his speed including rapidly accelerating and swerving into oncoming traffic, including forcing one oncoming vehicle off to the shoulder of the road to avoid a collision."
It is unclear at what time the witness encountered Berge.
Squad camera footage captured Berge in the squad's back seat making at least one call and "continually" using his phone, an affidavit said. An officer took Berge's phone, placed it on airplane mode and kept it out of Berge's reach.
The three affidavits signed
Berge, who underwent brain surgery a week after the fatal collision, has not been charged in either case. A breath test showed no alcohol in his system, and he told officers that he hadn't taken any drugs or medication. Police took blood for toxicology tests.
The case was moved to
Salovich said last week that doctors found four lesions in Berge's brain and did a biopsy on one on
Spoo, 35, of
Berge's attorney could not be reached for comment Friday.
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