Jury still out in woman's assault trial

No verdict was determined by press time Thursday night.

A jury of three men and three women listened to conflicting information in Justice of the Peace David Ortley's courtroom for about 12 hours Thursday in the misdemenor trial of Beth Benjamin, 57. By the Inter Lake's press deadline at 9:30 Thursday night, they had no verdict.

They must decide if they believe Flathead County Sheriff's deputy Bill Emerson, who said Benjamin struck him, resisted arrest and obstructed his work. Benjamin's position is that she only pushed the officer in self-defense and had every right to do what she did on her own property.

The conflict arose on April 5 when Benjamin's barn burned on Panoramic Drive.

Creston fire department responded. Chief Gary Mahugh called for law enforcement after Benjamin yelled profanities at him after he told her to get out of the barn because he couldn't guarantee her safety. In foul language, she said Mahugh and the fire department "killed" her husband 30 years ago when he died in a fire.

When Emerson arrived, there were at least two encounters between him and Benjamin. One occurred when she re-entered the barn. Another happened when she went to examine a horse trailer that had been pulled out of the barn. Both times, Emerson threatened to ticket or arrest Benjamin.

She says that others had been inside the barn before she was, and had, in fact, borrowed hard hats from Mahugh and entered with his blessing.

Finally, as Benjamin strode toward her house, Emerson attempted to talk to her and she refused. She said she was on an errand to find a tractor.

Emerson grabbed hold of Benjamin's arm and she swung around. He says she punched him twice; she says she pushed him because he was hurting her. Emerson then arrested her.

In closing arguments Thursday night, prosecutor Dusty Deschamps of Missoula offered jurors a deal. They could find Benjamin guilty of obstructing a police officer and then choose between the assault and resisting arrest charges she faces. They are nearly identical and arise from the same incident, he said.

"Pick one of the other. It doesn't seem to me like you've got to convict her of both of them."

Even if an arrest is unlawful, Montana law does not allow its residents to resist arrest, Deschamps said.

Defense attorney Jim Bartlett said Benjamin committed no crimes and should be acquitted.

"She's on her own property. She has a right to be anywhere on that property."

Emerson was not enforcing a criminal law, so Benjamin couldn't have been obstructing him, Bartlett told the jury.

The jury heard from a parade of witnesses on the second day of the two-day trial, including Benjamin's daughter and relatives of County Commissioner Bob Watne, Benjamin's husband. All were present at the barn fire.

Benjamin's daughter, Katie Hadley, said she's the one who hit Emerson.

Watne is also charged and faces a trial in November.

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