UPDATED: Suspect in weapons case bails out of jail

Nicholas Benson posted $100,000 bail this weekend, gaining his release from the Yolo County Jail just over two weeks after his arrest on weapons charges across the street from the campus.

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 a Yolo County Superior Court judge, 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 of Davis police, when they arrested Benson on Jan. 21, confiscated a rifle, shotgun and ammunition.

UC Davis Police Chief Annette Spicuzza said people should call in 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.

Click here to see a photo of Benson from his initial court appearance, Jan. 26.

At a bail hearing Friday morning (Feb. 4), Judge Timothy L. Fall declined to release Benson on his own recognizance, but he reduced his $1 million bail to $100,000. Benson made bail at 3:30 p.m. Sunday (Feb. 6).

Judge Fall scheduled Benson’s preliminary hearing for 10 a.m. March 3. 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 police when they booked Benson at the county jail.

City of Davis officers took Benson into custody at Fourth and A streets, in the vicinity of Toomey Field at the east edge of the campus. In his nearby truck, police said, they found a loaded rifle with a telescopic sight, and a loaded shotgun. Officers said they also found hundreds of rounds of rifle ammunition in Benson’s possession.

Police used a Taser in arresting Benson. Officers began searching for him around 6 p.m. that day after hearing from a family member who said Benson was distraught and suicidal, according to a news release from the Police Department.

At Benson’s initial court appearance on Jan. 26, his attorney sought to have his client released to a locked facility where he could be evaluated and treated.

During the Feb. 4 bail hearing, Benson’s attorney sought his client’s release on his own recognizance, that is, without bail. The judge said no.

Steve Sabbadini, Benson’s attorney, said outside court last week: “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.

Media Resources

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

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