Woman convicted in assault trial

The wife of a Flathead County commissioner was convicted late Thursday night of assaulting a sheriff's deputy and two other misdemeanors.

After deliberating for about two hours, a Flathead County Justice Court jury convicted Beth Benjamin of assault, obstructing an officer and resisting arrest. She is married to County Commissioner Bob Watne.

The convictions are more than prosecutor Dusty Deschamps of Missoula asked for. In his closing statement, he asked the jury to convict Benjamin of obstructing an officer and assault or resisting arrest.

The jury believed deputy Bill Emerson, who arrested Benjamin, 57, at her home on Panoramic Drive on April 5.

He was called by the Creston fire department after a confrontation between Benjamin and firefighters.

Emerson said Benjamin interfered with firefighters' work and placed herself in danger. After warning her twice, Emerson arrested Benjamin. She punched him twice while he attempted to handcuff her, he said. He was not seriously injured.

Benjamin told a different story.

She said Emerson singled her out in not allowing access to her own property where others were being allowed to come and go.

She said Emerson hurt her, despite warnings from others that she was "fragile" because of spinal fusions.

After two days of testimony, a six-member jury deliberated for two hours before unanimously convicting Benjamin.

Defense attorney Jim Bartlett plans to appeal, according to Justice of the Peace David Ortley.

Ortley didn't immediately set a date to sentence Benjamin, who could receive up to six months in jail and a $500 fine on each charge.

Ortley also will preside over Watne's trial in November.

Watne was charged in the same incident with assault or the alternative charge of obstructing an officer. Watne is accused of pushing Emerson.

He has pleaded innocent.

Deschamps, the former Missoula County attorney, is prosecuting because of a conflict of interest for local prosecutors to take a county commissioner to court.

If convicted of either misdemeanor count, Watne faces up to six months in jail and a fine of up to $500.

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