Police report on Benson

[ostrogoth]

Chicago Bears running back Cedric Benson had bloodshot eyes, a "strong" alcohol odor and slurred speech when stopped by authorities while boating last weekend on Lake Travis near Austin, Texas, according to a police report released Monday.

 

Benson said he will fight the misdemeanor charges against him -- boating while intoxicated and resisting arrest. The former Texas Longhorn is scheduled to appear in court May 19.

 

"There was no resistance on my part," Benson told the Chicago Tribune. "Was I drunk? No." He told the Chicago Sun-Times "there was alcohol on the boat and others were enjoying themselves, but I wasn't drunk."

 

Sgt. Leonard Snyder, who sprayed and arrested Benson, wrote in his report that he believed Benson was intoxicated because he was "combative," "cocky," "insulting," and used "profanity," and at other times was "crying" and "cooperative."

 

After failing sobriety tests applied by Snyder, who works with the Lower Colorado River Authority, Snyder wrote that Benson refused to come ashore for additional tests and "stood up from the position where I had him seated and suggested I could not tell him what to do."

 

Upon telling Benson he was under arrest and about to be put in handcuffs, "I touched his body in an attempt to direct him and he presented himself in a very hostile way,'' Snyder wrote in the report. "Benson [5-foot-11, 220 pounds] is a very muscular person and easily capable of overpowering me. As I had exhausted all attempts to gain control of Benson, and been met with resistance and what I perceived as a threat, I administered pepper spray into Benson's face to gain control."

 

Benson argued whether he would go to land for a follow-up field sobriety test and refused to put on a life jacket, and the officer had to use pepper spray to subdue him, the authority said. He refused to leave the officer's boat and had to be dragged to a car to be taken to the Travis County jail, the authority said.

 

Attorney Brian Carney acknowledged his client owned the 30-foot boat, but he questioned whether Benson was behind the wheel -- police said there were 15 passengers -- and wondered why officers felt threatened.

 

"Is he going to jump in the lake and swim away?" Carney said. "You just swim into the night? You start the boat and take him over there."

 

Carney said Benson was "completely compliant" and even said "thank you very much" after he completed the sobriety test. He said Benson then told them he wanted to go back to his boat.

 

Carney added Benson did nothing "aggressive" until after he was pepper sprayed, when he started screaming for his mother and the boat. He said officers threw his client to the ground and poured water on him to wash away the spray, causing Benson to choke.

[balta1701-A]

Just out of curiosity, why hasn't any of these reports given the results of a breathalyser?

[LT2_3]

Just out of curiosity, why hasn't any of these reports given the results of a breathalyser?

 

Because, from what I can tell, the reports are coming from the Lower Colorado River Authority http://www.lcra.org/about/overview/index.html that arrested him and not the Police. I'm not certain about this, but I'm not sure they have that equipment. It would have to be the police that conduct that test.

 

I'm not even sure he was administered one. If he was, it hasn't been reported anywhere.

[nfoligno]

No results because no test taken. I read in one of the stories that Benson, upon advise of his attorney, did not take the breatalizer test.

 

And before anyone assumes to much, that is pretty much going to be the standard advise. I think we have had this discussion on this board before, but here in Texas, it is still my understanding that if you do not blow, while there are reprecutions, you are not automatically guilty of being drunk. Even friends who are police have told me to refuse the breath test if you have been drinking pretty much anything at all.

 

In a potential DWI situation, better lose automatically lose your liscense for 6 months (penalty for not blowing) compared to a DWI conviction.

 

Of you can jump out of the car and avoid the police for a day. See Lance Briggs.

[Mongo3451]

I have a feeling charges will be dropped in this case.