Differing stories mark assault trial's opening

By CHERY SABOL

The Daily Inter Lake

A Flathead County jury will decide whether a woman assaulted a sheriff's deputy while her barn burned on April 5.

Beth Benjamin, 57, now the wife of Flathead County Commissioner Bob Watne, is on trial for assault, resisting arrest and obstructing an officer.

Her defense is that the officer injured her and her response was only reflexive.

The disparity between the two versions of events was evident in opening statements made by the prosecution and defense Wednesday in Justice Court.

"This is a case about a woman who brought everything that happened on herself. She's responsible for all of it, from start to finish," said prosecutor Dusty Deschamps of Missoula. He is charged with prosecuting Benjamin and Watne, who also is charged in the incident, to avoid any conflict of interest for Flathead County prosecutors.

"If she'd acted like a normal, civilized, decent human being … we wouldn't be here, but she didn't act that way," Deschamps said.

Defense attorney Jim Bartlett said Benjamin was understandably upset as her barn burned. The arrival of Creston Fire Chief Gary Mahugh further incited her because she blames Mahugh for the fire-related death of her first husband. Finally, Benjamin was only doing what she thought she was supposed to be doing when the deputy "reaches forward and yanks her," ripping her rotator cuff. "She pushed back when he popped her shoulder … It's mere reaction," Bartlett said.

Justice of the Peace David Ortley presides over the trial, expected to conclude today before a six-person jury.

Witnesses for both sides will describe the fire, the crowd that gathered to watch, efforts to suppress it, and the activities of Benjamin and Watne, among others.

Deschamps called witness Lee Buller on Wednesday. An 18-year veteran with the Creston fire department, he was one of the first to arrive at Benjamin's burning barn.

Eventually, he wound up inside a part of the barn with Watne and Benjamin, urging them to get out, for their safety, he said.

"I was told to get the (expletive) off their property," he testified. Benjamin yelled that the Creston department "burned down her house and killed her husband. She seemed very angry.

"Bob was getting excited and was telling me the same thing."

Mahugh testified that he requested an officer at the property, saying "We needed someone now because of people putting themselves in jeopardy and putting my firefighters in jeopardy."

Watne was critical of the way the department was fighting the fire, and Benjamin "was extremely agitated throughout the whole incident. She was screaming at me that I had killed her husband and Creston fire department had killed her husband."

Deschamps described firefighters contending with concerns about horses, burning hay bales, crowd control, equipment inside the barn, water supplies and the safety of everyone around.

Flanked by deputy Bill Emerson at a courtroom table, Deschamps said that Benjamin defied Emerson's order to stay out of the way.

"She is not listening to what Mr. Emerson said, not cooperating," Deschamps said.

The deputy told her he planned to ticket her for obstructing an officer. She invited him to arrest her and tried to go toward her house, when Emerson did arrest her.

"He grabs her right arm. With her left hand, she turns around and hits him in the face," and then the neck, Deschamps said.

"There's more that involves Mr. Watne, but that's not this trial," Deschamps told jurors.

Bartlett's rendition is entirely different.

He said that firefighters had told Benjamin to find a tractor, so burning bales could be removed from the barn and extinguished. She'd been caring for Clydesdales and quarter horses in a corral near the barn, as she'd been told to do, Bartlett said.

Emerson tried to stop Benjamin as she went toward the house to try to call someone for a tractor.

He grabbed her, damaging her shoulder. She pushed back, Bartlett said. She didn't punch the officer.

"She did do what a reasonable, prudent person would do" under very emotional circumstances, Bartlett said.

More prosecution witnesses will testify today before the defense begins its case.

If convicted, Benjamin faces up to six months in jail on each charge.

Watne is scheduled for trial next month on a charge of assault, or in the alternative, obstructing an officer.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com