Deputy DA says family, police averted possible tragedy

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Photo: Benson at his Jan. 26 arraignment, in image from television news video
Benson is pictured at his Jan. 26 arraignment, in this image from television news video.

WOODLAND — Nicholas Benson's family feared what he might do, called police — and, says Yolo County Deputy District Attorney Robert Gorman, may have prevented a Virginia Tech or Tucson tragedy from happening here.

City of Davis police arrested Benson on weapons charges across the street from the central campus on Jan. 21, after officers said they found him in possession of a loaded rifle with a telescopic sight, a loaded shotgun and hundreds of rounds of ammunition.

He also had a UC Davis campus map, Gorman revealed Friday (Feb. 4) during a bail hearing in Yolo County Superior Court as he argued against a reduction in Benson’s $1 million bail.

Benson’s attorney, Stephen Sabbadini of Woodland, who explained Benson’s possession of the map by stating that he referred to it only for dining commons hours, sought his client’s release on his own recognizance.

Judge Timothy L. Fall, saying Benson poses a threat to himself if not others, rejected Sabbadini's request for Benson's release without bail, instead settling on $100,000. Benson posted the bail at 3:30 p.m. Sunday (Feb. 6) and is due in court for a preliminary hearing on March 3.

Must stay away from UC Davis

At the time of his arrest, the 25-year-old Benson was a senior communication major at UC Davis. Privacy rules prohibit the university from commenting on disciplinary action, but Judge Fall, as a condition of releasing Benson on bail, said he must stay away from UC Davis.

The judge's order also states that Benson must not possess any firearms. City police already had confiscated the weapons and ammunition that he had with him when he was arrested.

UC Davis Police Chief Annette Spicuzza said people should call if they suspect Benson may be on the campus or if they see anything that arouses their suspicion. Call 911 from campus phones or (530) 752-1230 from cell phones.

At Benson’s arraignment on Jan. 26, Sabbadini said he would ask to have Benson transferred to a locked facility where he could be evaluated and treated.

At the bail hearing, however, Sabbadini said he had consulted with mental health treatment providers who indicated a preference to see Benson come in on his own — rather than under a judge’s order.

Outside court after Benson's arraignment, Sabbadini said of Benson’s arrest: “This was a case where he was more of a danger to himself than to others.

"Essentially (it was) just a meltdown that has to be addressed,” Sabbadini said.

Prosecutor: What might have happened

At the bail hearing, Gorman said mental health treatment would be appropriate at some point, but not now — that he belonged in jail.

The prosecutor said the city Police Department, by tracking down and arresting Benson, kept UC Davis from possibly joining the list of places where gunmen have committed mass murder: 32 students and faculty at Virginia Tech in 2007; six people in Tucson, Ariz., on Jan. 8, at a public town hall organized by Rep. Gabrielle “Gabby” Giffords, who was critically wounded.

Gorman credited Benson’s family for alerting the Police Department. The city force said in a Jan. 22 news release that a family member called to report that Benson was distraught and suicidal. The news release added that police received information that Benson was possibly armed with a rifle and had threatened to kill others, though he had not targeted anyone specifically.

City police launched an intense search, starting at about 6 p.m., and located Benson at Fourth and A streets in the vicinity of Toomey Field at the east edge of the campus.

After using a Taser to arrest Benson, police searched his nearby truck, where they found the rifle and shotgun, according to the news release.

The district attorney’s office has filed a three-count complaint charging Benson with possession of an assault weapon and resisting arrest, both felonies, and carrying a loaded weapon in public, a misdemeanor. The charge of resisting arrest carries an enhancement, namely that he allegedly resisted arrest while in possession of an assault weapon.

The district attorney’s office did not file a charge of making terrorist threats, as alleged by city police when they booked Benson at the county jail.


 

Media Resources

Dave Jones, Dateline, 530-752-6556, dljones@ucdavis.edu

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