Sep 10, 2008 - 04:05:25 CDT
A Burleigh County Detention Center inmate has been sentenced to four years in prison for assaulting detention officers in two incidents.Jason Benefiel pleaded guilty on Tuesday morning to Class C felony charges of assault on a peace officer, escape and two counts of assault.
Benefiel admitted at the hearing to assaulting an officer on Dec. 9 and assaulting two officers on May 5. In both incidents, he struck officers as they brought hygiene items into the segregation unit of the jail.
The three officers suffered various injuries from the attacks, Burleigh County Assistant State's Attorney Lloyd Suhr said.
Benefiel told South Central District Judge Sonna Anderson that in the first incident, on Dec. 9, he didn't think he was going to get out of jail ever, so he put the guard in a choke hold in an effort to escape.
Benefiel has been in jail for almost a year on a theft of property charge, which Suhr and Steven Balaban, Benefiel's appointed defense attorney, said will be dismissed.
Similarly, he said he punched a male detention officer in the face, then also punched a female officer in the face when she came to assist her coworker on May 5.
Suhr recommended prison time for Benefiel. Detention officers may do hard, dangerous work, but they shouldn't be expected to put up with being assaulted, he said.
Balaban argued for a suspended sentence. He said Benefiel needs treatment for psychological and chemical dependency issues, not further incarceration.
"I believe it's fair to give him a chance," Balaban said.
Benefiel told the judge he has changed in recent months and is "a lot more religious" and his state of mind is "a lot more clearer."
"For anything I might have done wrong, I apologize for that,"he said.
Anderson expressed concern for Benefiel's ability to participate in treatment if released on probation, since he had been uncooperative in evaluations leading up to the Tuesday hearing. She said he needs to get help, but the public may be at risk if he is released.
The judge sentenced him to five years with all but one year suspended and three years of supervised probation for the charges of assault on a peace officer and escape, to be served concurrently. She also sentenced him to five years with all but two years suspended and five years of supervised probation for the two assault charges. Those charges will run consecutive to each other but concurrently to the assault on a peace officer and escape sentences.
Benefiel also has to pay more than $1,400 in restitution for the three officers' medical bills.
(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)
aznd wrote on Sep 10, 2008 11:41 AM:
oh boy wrote on Sep 10, 2008 6:54 AM:
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