Benson convicted in intoxicated driving deaths
By Jacqui Seibel of the Journal Sentinel
Posted: Jun. 16, 2009 3:38 p.m.

Former physician Mark Benson entered no-contest pleas this afternoon to three charges of homicide by intoxicated use of a vehicle and two counts of causing injury while driving intoxicated in return for other charges being dropped in the deaths of a pregnant Oconomowoc High School administrator and her 10-year-old daughter.

Waukesha County Circuit Court Judge J. Mac Davis found Benson guilty about four weeks before the start of planned two-week trial on July 13. The no contest pleas means Benson does not admit guilt in the case but is offering no defense.

Prosecutors said they will be asking for substantial prison on first three counts to be served consecutively. Each of the three homicide counts carry penalties of 15 years in prison and 10 years extended supervision, Davis said.

Prosecutors agreed to drop a charge of driving with a revoked license and a bail jumping charge.

Benson, 56, of Summit, had what prosecutors say was a significant level of the sleep aid Ambien in his system, as well as Xanax, which is used to treat anxiety, and oxycodone, a painkiller, when the crash occurred at a traffic signal in the northbound lane of Highway 67 at Pabst Road in Oconomowoc.

Killed in the April 25, 2008 crash in Oconomowoc were Jennifer Bukosky, 39, of the Town of Oconomowoc, her unborn child and her daughter, Courtney Bella. Bukosky's son, Zachary Bella, 12, and a family friend, Deborah Gibbs, 10, were injured.

Benson's criminal record includes convictions for drunken driving and fraudulently obtaining prescription drugs.

Two days before the fatal crash, Benson had pleaded guilty to a 2007 drunken driving offense in Brookfield. Judge Lee S. Dreyfus Jr. gave Benson until May 9 to report to the county's work-release jail to begin serving a 75-day term for this third drunken driving conviction. Dreyfus ordered Benson not to drive.

Bail for Benson's release from jail following the crash was set at $1 million but then was reduced. Benson was released Feb. 20 after he posted $500,000 bail.

On March 18, authorities found the drugs and weapons in his house. The next day, Davis set bail at $150,000 for the two felony counts of bail jumping. On March 26, he increased Benson's bail back to $1 million.

Benson was alleged to have violated his bail in March after receiving prescription drugs from an out-of-state pharmacy. He also had weapons in his house, both violations of his bail.

Families of the victims have filed wrongful death and personal injury lawsuits against Benson. The suits say Benson was negligent because he was operating under the influence of intoxicants and traveling at a high speed when his SUV slammed into the back of Bukosky's car.

A civil trial is scheduled to be held in December. The no contest pleas entered Wednesday in the criminal case allows Benson to deny the charges in the civil procedings.

Quoted:




What a crock. He shouldnt be able to plead no contest. His ass should be sent to prison for life. So sick and tired of these fucking inbred driving while intoxicated/impared fuctards killing people and getting nothing more than a mild slap on the wrists. The charge "Homicide by intoxicated use of a vehicle" should be removed from the books and replaced with at a minimum of 2nd degree homicide when it involves someone driving drunk.

940.06



940.06 Second-degree reckless homicide.  



940.06(1)



(1) Whoever recklessly causes the death of another human being is guilty of a Class D felony.
940.09(1)


(1) Any person who does any of the following may be penalized as provided in sub. (1c):







940.09(1c)(a)


(a)  Except as provided in par. (b), a person who violates sub. (1) is guilty of a Class D felony.

Quoted:







First of all, a "no contest plea" is essentially the same as if he was found guilty by a jury.



As for the removal of Homicide by intoxicated use of a vehicle being removed and just being charged with 2nd degree reckless homicide...what's the point they are both class D felonies.

Quoted:



Dont care. Just sick of these scum bags getting 18 months (or less) for killing someone dwi. How about up the class of felony to a bigger one?

939.50(3)(d)  

(d)  For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both.

Quoted:
What a crock. He shouldnt be able to plead no contest. His ass should be sent to prison for life. So sick and tired of these fucking inbred driving while intoxicated/impared fuctards killing people and getting nothing more than a mild slap on the wrists. The charge "Homicide by intoxicated use of a vehicle" should be removed from the books and replaced with at a minimum of 2nd degree homicide when it involves someone driving drunk.

Quoted:









Yeah, no contest doesn't do much on the criminal side... but it will help him on the civil side.



He WILL get more than 18 months prison time.