By Michelle A. Carrier-Migliozzi

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WARWICK — A West Warwick teenager accused of stealing thousands of dollars from SS. John and James Parish is now free on $20,000 surety bail, according to the Rhode Island Attorney General’s office.

Evan Berger, 18, of Newell Street, West Warwick, is charged with larceny over $1,000, a felony, the attorney general’s office said.

Berger appeared in Kent County Superior Court for arraignment before Judge Stephen P. Nugent on Dec. 12, according to the attorney general’s office. He entered a not guilty plea at that time and bail was set at $20,000 with surety. Bail was posted on Dec. 15.

Berger had previously failed to appear for arraignment before Nugent on Dec. 5, the attorney general’s office said earlier this month. A warrant for his arrest was issued at that time.

Berger appeared on his own for the Dec. 12 hearing and not as a result of the warrant, according to the attorney general’s office.

Private Attorney Priscilla Facha DiMaio entered her appearance on Berger’s behalf at the Dec. 12 hearing, the attorney general’s office said.

At the Dec. 5 hearing, Berger’s lawyer at the time, Public Defender Sharon Garner, had a piece of paper she told the judge was a letter Berger had sent her stating he was not going to be able to be present at the arraignment because he was attending college at Coastal Carolina University in Conway, S.C., the attorney general’s office said previously. In the letter, the lawyer said, Berger indicated he would not be able to be in court until a period between Dec. 15 and Jan. 5, 2008.

Special Assistant Attorney General Mike White asked the court to issue a warrant for Berger’s arrest at that hearing, the attorney general’s office said. The unofficial court record did not give any indication that Berger, who was free on $10,000 personal recognizance, had received permission to travel out-of-state.

Berger was not granted a waiver of extradition at the Dec. 12 hearing, the attorney general’s office said, and he is not allowed to leave the state until the court grants permission for him to do so.

The charges against Berger stem from a lengthy investigation by the Diocese of Providence, the pastor at SS. John and James parish, and the Rhode Island State Police, according to information provided previously by Capt. Stephen Lynch of the State Police.

Through the investigation, Lynch said at the time of the arrest, it was learned that Berger, who was employed as a sexton, had been stealing from the weekly offerings of the parishioners at Saint John the Baptist Church. Berger was arrested in August.

He was originally arraigned at State Police Headquarters in Scituate and released on $10,000 personal recognizance, according to Lynch.

The attorney general’s office indicated following the Dec. 5 hearing that Berger missed that it might seek a higher level of bail when Berger appeared.

Bail at the Dec. 12 hearing was changed from the original $10,000 personal recognizance to $20,000 with surety, according to the attorney general’s office.

Personal recognizance does not require the accused to offer any collateral against a failure to appear in court, the attorney general’s office said previously. Surety bail does require collateral which can be forfeited if the accused fails to appear for scheduled court hearings.

A new pre-trial hearing for Berger has been scheduled for Jan. 7. 2009, the attorney general’s office said.

According to the unofficial court record, a motion for permission to leave the state will be heard at that time.