Authorities won't release Benson arrest audio

[madlithuanian]

Now for fun subjects!

 

I used to play "Cheers!" back in the day...everyone would choose a character from the show of the same name and then drink once you hear the name called out. For Norm's big hello by the whole bar...it would require a full beer slam. Only strong drinkers would take on the Norm role.

 

Absolutely and thank you.

 

For those unfamiliar with the drinking game "Hi Bob", here's a description:

 

 

 

http://www.webtender.com/handbook/games/hibob.game

 

Anyone else over 21 still have any drinking games that they like to partake in?

[madlithuanian]

Ha! My freinds and I do the same! Every time Madden would mention Favre when Favre wasn't involved in the game, we had to do a shot! Some nights were pretty bad...

 

I drink whenever Madden announces a game and mentions farv. It could be a week 3 game showcasing the Dolphins vs. the Browns and you can damn-well guarantee that farv will get at least two shout-outs.

[nfoligno]

But do you think you are being realistic?

 

By your logic, a player that signs a pro deal can not go out to dinner. If I understand your reasoning, you would argue he should simply have friends over at his home, rather than go out to dinner. Do you truly believe that?

 

I am sorry, but I think it totally against logic to believe a player should take himself out of public because he signs a deal. Do you think any player follows this logic.

 

I understand that it is wise for a player to limit risk, but IMHO, you take it to another extreme.

[azbearsfan]

Dude c'mon this was 9 years ago and as I stated I had just moved out and into an apartment. I'm sure there have been moments in other guy's lives where they date the girl next door. This girl just happened to become a nut and listened through the walls on a regular basis. Kind of a fatal attraction thing I guess. Once my 12 months were up I was out of there. I mean come on did I even have to write this? I stated my story as a simple reference as to the fact that just because you didn't do anything illegal doesn't mean you didn't put yourself in a bad situation. Everyone here thinks just because benson (supposedly) wasn't drinking and that it's legal to have beer on a boat that benson showed no bad judgement, but he really did.

 

 

 

 

Oh yeah and my fav drinking game is @@@-hole which I censored out due to the whole don't want profanity posted. That game is the best, however kings would be a close second.

 

I feel for ya on the girlfriend thing, but that is the risk you take dating someone next door. Its a don't crap where you eat thing IMO.

 

But you did do something illegal, you had underage drinkers in your house.

 

And I guess it is a matter of opinion if Benson had bad judgement. You and MAd think he did. I side with nfo on this one. Its not like it was the Minny sex boat. If Benson was on his boat have some drinks with some friends and his mother, then I fail to see where he has used poor judgement. It appears that the River squad had a jonesing for him. And if reports can be believed there were plenty of boats that get tied up doing the same thing. I would be interested in seeing what other boats were boarded that day.

[nfoligno]

C'mon nfo...there is a difference between having a dinner with your mom at a restaurant and enjoying a glass of wine versus a party boat.

 

And there is a difference between the Minny love boat and Benson's situation. I realize you didn't mention Minny, but the way you say "party boat" and they way you seem to allude to Benson doing something wrong ties it in. In nearly every response, you use an illegal action to support your argument against Benson. Below, you mention drugs. In another post, you comment how the Cowboys' of old even were smart enough to have their "white house". In making the case that Benson should have stayed home or avoided the scene, you continually provide examples and analogies of illegal doings, or the impression of illegal doings.

 

You say there is a difference between what Benson did (which I would not label "party boat" and going out to dinner w/ family and friends. I disagree. By your previous logic, if Benson were pulled over and harassed after dinner, you would then argue he should have eaten at home or had rented a limo to avoid putting himself into a bad situation.

 

Pro athletes, just like everyone else, will go out into public for a good time. Whether it is a round of golf, dinner, movie or boating on a lake. Players will go out and have fun, just like you and me (though w/ a bigger budget:)). What is important, IMHO, is the responsibility they show.

 

If Benson did indeed have only a beer or two, so as to be sober to drive, would that not be an act of responsibility.

 

I swear, if this were most any player on the team other than Benson, the above would be talked about. How the player showed responsibility, rather than simply saying he should have never gone to the lake in the first place.

 

It's alike a guy sporting the Greatful Dead sticker on his car...regardless if he's tokin' like Cheech & Chong or not, the cops are going to look at him before they look at the other car with no stickers.

 

I know many cops, and have been on several ride alongs, and have never known a cop to show bias against dead head stickers. Now if the car seems filled w/ smoke................

[Lucky Luciano]

First, let me point out I think this whole thing stinks. But w/ that said, one thing I think may be key is Benson's boat was adrift, as opposed to being at anchor. You give the analogy of keys not being in the ignition and the car in park, but that isn't really quite the analogy.

 

I think the police likely did have the right to make sure there was a sober driver. My issues are (1) whether or not they really allowed Benson and opportunity to declare whether another person was able to drive and (2) whether or not Benson was in fact intoxicated and failed the test.

 

According to witnesses, the officer on Benson's boat when Benson was being tested asked other passengers whether any others were capable of driving, so it would appear to me at least one officer was doing the right thing, but then the pepper spray happened, and it went downhill from there.

 

this whole situation and the facts keep changing. at first and what was posted was that his boat was at anchor. then someone said he was pulled over while operating the boat. now you say he was free drifting and not anchored.

 

there is a HUGE difference as to probable cause depending upon which scenario is correct.

 

1. if he was pulled over while operating the vessel and alcohol was evident on the boat (or not) they 'could' ask for a sobriety test of him specifically if they suspected he 'could' be intoxicated. they usually wouldn't if he wasn't operating his boat erratically and appeared not to be intoxicated while speaking with him and checking for safety equipment.

 

if this is the case they could do so without jeopardy as long as they did this within the limit of the law.

 

2. if he was ANCHORED outside of a navigational channel and not in a restricted zone with the vessels engine turned off, they had no cause what-so-ever to ask him for a sobriety test that included a BWI. no ifs ands or buts, they were wrong.

 

3. if he was drifting free of an anchor and not beached then there is a real possibility that he was subject to testing and the boat nazi's did have a right to test him for sobriety in most instances and especially if he stated he was the operator at the time.

 

the assumption if you are drifting free is that you would have to operate the vessel if it became a navigational hazzard by drifting into an area where he would eventually have to move the vessel to a different location for safeties sake due to wind, current, or tides.

 

this 'could' be a gray area depending upon the circumstances at the time.

 

4. having said that even if he were subject to sobriety testing in situations 1 and 3 ONLY they would have to have probable cause to suspect he was intoxicated to bring him to shore for further testing (which is the correct thing to do on water) anyway.

 

if these 'officers' have the field sobriety testing equipment on board they should have had him blow into it (or ask him to) to confirm any suspicions if he failed any verbal or preliminary physical tests.

 

if benson was asked to leave his vessel and return to shore on the officers boat it would be a legal requirement for him to wear a life vest in the process so there is no wrong doing in that aspect and benson would have to comply to that request.

 

all of this said it is still possible that he was harassed and asked to do unesessary testing when/if he passed the preliminary tests they asked him to perform. in other words if they didn't find something wrong on the water, why bring him to shore for further testing if not just to dog him?

[nfoligno]

One. Agreed about how the story has changed, but I think that has part to due to reporters quick to write about the story, w/o the whole story, and many assumptions.

 

When the story first broke, the key was Benson getting arrested for BWI, which led to the "assumption" the boat must have been turned on and being navigated. Then it came out how the boat was not turned on, which I think led many to assume it must have been anchored offshore. Then some witnesses from the boat spoke out, and I think the story became more clear.

 

As I understand it, the boat was not at anchor, and was adrift. The keys were in the ignition, but the boat was not running. They were actually discussing where to have dinner when the police pulled up. Ironically, if the police pulled up a few minutes later, Benson may well have been behind the wheel of an operating boat, and all this probable cause stuff would not be in question.

 

Two. I agree that if the boat was at anchor, it would be open/shut there was no probable cause. I agree that if the boat was being operated, it again, would be open shut, this time that there would be probable cause. And I agree that the boat adrift creates a more gray area. Legally, I am not sure the boat adrift is enough, but at the same time, I know how hard police are trying to crack down on drunk boating, and thus can easily see where this is being allowed. Similar to other DWI laws, it may not be constitutional, but absent the Supreme Court declaring such, laws are created, and thus are until over-turned, the law.

 

Three. I am REALLY interested in the LCRA audio. To me, that is the biggest potential evidence in this matter. Neither side questions the LCRA pulled up for a safety inspection. Neither side questions Benson being escorted to the LCRA boat for a "field sobriety" test. Where the stories begin to differ is how this test went down, and how Benson reacted.

 

Police say Benson not only failed the test, but bombed it. I think I read something to the effect of his not being able to say his ABC's or count. This led the officer to tell Benson he would need to come ashore for further testing, and Benson reacted hostile, which led to the pepper spray. Benson said he passed the test easily, and thus didn't understand the need for further testing. Benson said he never was hostile, and the officer was trigger happy w/ the spray. If the purpose of the audio is evidence in BWI tests, then that piece of evidence should go a long way to reveal (a) how Benson did on the test and ( what sort of reaction/attitude he had w/ the officer.

 

It is still very possible Benson was hammered, his friends are lying for him, and that he was an ass to the LCRA, prompting the spray and later harsh treatment. At the same time, I tend to simply believe Benson's version more due to several questionable parts of this mess of a situation.

[madlithuanian]

Yes, I think I'm being realistic. Maybe agasint the odds, so to speak, but realistic nonetheless.

 

Don't take it wrong, but you are not using logic yourself. You're jumping to conlucsion that aren't in my arguement. There was no assumption ever that said a player cannot go to dinner. I simply said, if Benson were to go to dinner with his mom at a nice restaurant and have a glass a wine...nothing would come of it. Whereas, if he chose to go to a rowdy bar where everyone in his group was getting boistrous, regardless of what his mom and him were doing, odds are trouble would ensue of some sort. Neither situation is agasint the law nor inherently "wrong"...but one situation lends iself to more problems than the other. It's about making intelligent choices given your notoriety.

 

I think every reasonable person figures that one cannot remove oneself fully from public. But one can make more conservative choices regarding his party time than what Benson did.

 

If you go to a notorious party spot, have beers/drink around, lots of dudes, and chicks in bikini's around...regardless if you mom is there or not... Odds are you will somehow find some trouble. And, it was found...justified or not.

 

 

 

But do you think you are being realistic?

 

By your logic, a player that signs a pro deal can not go out to dinner. If I understand your reasoning, you would argue he should simply have friends over at his home, rather than go out to dinner. Do you truly believe that?

 

I am sorry, but I think it totally against logic to believe a player should take himself out of public because he signs a deal. Do you think any player follows this logic.

 

I understand that it is wise for a player to limit risk, but IMHO, you take it to another extreme.

[nfoligno]

It is a sad testiment to the world we live in that a guy can't take his boat onto the lake w/o being questioned.

 

Sorry, but we simply do not see eye to eye on this one. I agree players can do things to try and avoid bad situations. At the same time, I question whether that is what we have here.

 

I simply do not view taking your boat out w/ friends and family to be putting yourself into a compromising situation. While you and others point out that Benson was stopped 6 previous times, I would use that as evidence this scenario should have been fine. He was checked a half dozen times before, and that led to nothing. So I see no reason to believe this time should have been different.

 

I simply believe that while you say he was w/in the law, you believe he was doing something wrong, and I just do not see it that way.

[madlithuanian]

There are many differences form those particular boating instances. If people are out drinking and having fun, is that not a party? Or is you definition a full on "Girl Gone Wild" scene? Heck, if it is, I want to start partying with you! Maybe my idea of a party isn't as extreme, but it's a party. Again, you're throwing my Cowboys arguement in for your own purposes and completely out of context. As I explained earlier...it was a generic example of a group of people "partying" (granted, to the nth degree) and trying to keep it on the DL. I am not promoting that in the least. I'm using it as an EXTREME example. You somehow think I meant it to be an exact parellel to the Benson case. I did not intend it to be so. I apologize if that mislead you. You mention how I mentioned giving "the impression of doing illegal things"...and that's exactly what we're talking about! It's the impression that something could be going on...in a boat, with lots of guys, gals, drinks, etc...

 

If Benson were to be pulled over after dinner with his mom and harassed...I think we'd all think differently. Why was he pulled over? Was he swerving, did he resist questioning,etc? All those same questions would be asked, but I feel pretty confident, no one would question the scene before-hand...other than, did he drink too much wine at dinner? It's a completely different set of circumstances. It's perception.

 

Sure, if Benson kep himself sober it shows legal responsibility. But not wisdom. A wise man does not do what he did. I'm not arguing legality...I'm arguing perception and common sense. Athletes go out all the time...and guess what...many of them get into boatloads of trouble! (All pun intended...)

 

Maybe if it's any player other than Benson...this doesn't even transpire.

 

Your second point is interesting! I have been on rides with some of the city's finest...and I have had different experiences... Smoke or no...just anything slightly out of the ordinary. In other words...with sticker (and it could be anything inferring some type of illegal activity...not just singling out the Dead), it seemed to me, that particular car got scrutinized. Usually with nothing happening, but any minor lane violation,etc would attract a pull over.

 

C'mon nfo...there is a difference between having a dinner with your mom at a restaurant and enjoying a glass of wine versus a party boat.

 

And there is a difference between the Minny love boat and Benson's situation. I realize you didn't mention Minny, but the way you say "party boat" and they way you seem to allude to Benson doing something wrong ties it in. In nearly every response, you use an illegal action to support your argument against Benson. Below, you mention drugs. In another post, you comment how the Cowboys' of old even were smart enough to have their "white house". In making the case that Benson should have stayed home or avoided the scene, you continually provide examples and analogies of illegal doings, or the impression of illegal doings.

 

You say there is a difference between what Benson did (which I would not label "party boat" and going out to dinner w/ family and friends. I disagree. By your previous logic, if Benson were pulled over and harassed after dinner, you would then argue he should have eaten at home or had rented a limo to avoid putting himself into a bad situation.

 

Pro athletes, just like everyone else, will go out into public for a good time. Whether it is a round of golf, dinner, movie or boating on a lake. Players will go out and have fun, just like you and me (though w/ a bigger budget:)). What is important, IMHO, is the responsibility they show.

 

If Benson did indeed have only a beer or two, so as to be sober to drive, would that not be an act of responsibility.

 

I swear, if this were most any player on the team other than Benson, the above would be talked about. How the player showed responsibility, rather than simply saying he should have never gone to the lake in the first place.

 

It's alike a guy sporting the Greatful Dead sticker on his car...regardless if he's tokin' like Cheech & Chong or not, the cops are going to look at him before they look at the other car with no stickers.

 

I know many cops, and have been on several ride alongs, and have never known a cop to show bias against dead head stickers. Now if the car seems filled w/ smoke................

[madlithuanian]

It is indeed. And let's not forget, he's just not a "guy" on a boat. He's a highly paid celebrity.

 

I guess it's semantics in what your definition of "wrong" is. But I have repeatedly stressed what he did was "unwise". Does it really matterat this point? It is damage already done.

 

We do seem to be going around in circles...

 

I will cordially agree to just disagree.

 

 

 

 

 

It is a sad testiment to the world we live in that a guy can't take his boat onto the lake w/o being questioned.

 

Sorry, but we simply do not see eye to eye on this one. I agree players can do things to try and avoid bad situations. At the same time, I question whether that is what we have here.

 

I simply do not view taking your boat out w/ friends and family to be putting yourself into a compromising situation. While you and others point out that Benson was stopped 6 previous times, I would use that as evidence this scenario should have been fine. He was checked a half dozen times before, and that led to nothing. So I see no reason to believe this time should have been different.

 

I simply believe that while you say he was w/in the law, you believe he was doing something wrong, and I just do not see it that way.

[madlithuanian]

nfo, even though we're not seeing eye to eye on this...plese note that I did enjoy our discussion!

 

Keep up the good work keeping me honest!

 

It is a sad testiment to the world we live in that a guy can't take his boat onto the lake w/o being questioned.

 

Sorry, but we simply do not see eye to eye on this one. I agree players can do things to try and avoid bad situations. At the same time, I question whether that is what we have here.

 

I simply do not view taking your boat out w/ friends and family to be putting yourself into a compromising situation. While you and others point out that Benson was stopped 6 previous times, I would use that as evidence this scenario should have been fine. He was checked a half dozen times before, and that led to nothing. So I see no reason to believe this time should have been different.

 

I simply believe that while you say he was w/in the law, you believe he was doing something wrong, and I just do not see it that way.

[bear trap]

I feel for ya on the girlfriend thing, but that is the risk you take dating someone next door. Its a don't crap where you eat thing IMO.

 

But you did do something illegal, you had underage drinkers in your house.

And I guess it is a matter of opinion if Benson had bad judgement. You and MAd think he did. I side with nfo on this one. Its not like it was the Minny sex boat. If Benson was on his boat have some drinks with some friends and his mother, then I fail to see where he has used poor judgement. It appears that the River squad had a jonesing for him. And if reports can be believed there were plenty of boats that get tied up doing the same thing. I would be interested in seeing what other boats were boarded that day.

 

 

No,No,No, I didn't do anything illegal by any means. I was not home at time of the purchase and consumption of alcohol at my residence. The Ohio revised code states that you have to knowingly provide a place for underage consumption. So yeah I did fight it and more than likely would have won with the testimony of everyone in the apartment. However upon the day of the trial, my (piece of Sh*t) lawyer worked out a plea bargain that would have netted me only a 100 dollar fine and 1 year probation. However since the two lawyers didn't go over this with the judge and I already signed the guilty plea (as part of the plea bargain) the judge was upset that the two sides didn't include him in on the punishment and he thereby ordered me to 250 dollar fine 2 years of probation, and 96 hours of community service ( 24 hrs for each minor charged) So in the long run by me trying to save myself large lawyer fees I in return got screwed over by both lawyers and the judge!

[azbearsfan]

No,No,No, I didn't do anything illegal by any means. I was not home at time of the purchase and consumption of alcohol at my residence. The Ohio revised code states that you have to knowingly provide a place for underage consumption. So yeah I did fight it and more than likely would have won with the testimony of everyone in the apartment. However upon the day of the trial, my (piece of Sh*t) lawyer worked out a plea bargain that would have netted me only a 100 dollar fine and 1 year probation. However since the two lawyers didn't go over this with the judge and I already signed the guilty plea (as part of the plea bargain) the judge was upset that the two sides didn't include him in on the punishment and he thereby ordered me to 250 dollar fine 2 years of probation, and 96 hours of community service ( 24 hrs for each minor charged) So in the long run by me trying to save myself large lawyer fees I in return got screwed over by both lawyers and the judge!

 

 

man u did get screwed. lesson learned I guess lol

[bear trap]

man u did get screwed. lesson learned I guess lol

 

Yeah, my friends felt the worst, they were pretty upset that I was charged and even more upset when the officers handcuffed me to the bannister outside as if I were a threat. But hey, ya win some and lose some, now I can honestly look back at it and laugh. Shoveling Sh*t out of the pig stalls at the county fair grounds did really suck though especially when I was working 40 hrs a week in a factory then going and putting in 10 to 12 hrs at the fair for my community service. Maybe I can show our boy briggs what it's like to have the little thing called "dedication"! Makes me laugh that he can't do what he was orders what a bum!

[LT2_3]

No,No,No, I didn't do anything illegal by any means. I was not home at time of the purchase and consumption of alcohol at my residence. The Ohio revised code states that you have to knowingly provide a place for underage consumption. So yeah I did fight it and more than likely would have won with the testimony of everyone in the apartment. However upon the day of the trial, my (piece of Sh*t) lawyer worked out a plea bargain that would have netted me only a 100 dollar fine and 1 year probation. However since the two lawyers didn't go over this with the judge and I already signed the guilty plea (as part of the plea bargain) the judge was upset that the two sides didn't include him in on the punishment and he thereby ordered me to 250 dollar fine 2 years of probation, and 96 hours of community service ( 24 hrs for each minor charged) So in the long run by me trying to save myself large lawyer fees I in return got screwed over by both lawyers and the judge!

 

Bear Trap - you did get screwed. I'm glad you came through it with no further issue.

[nfoligno]

Fun, but not enough personal attack for me:)

[bear trap]

Bear Trap - you did get screwed. I'm glad you came through it with no further issue.

 

 

 

Yeah, the worst part of it was when the cops started to write up the court summons and went to hand it to me I was so shocked that I was getting in trouble and puzzled that they could even charge me with anything I said to the cop: Why am I getting charged for providing a place, I just walked through the door less than five minutes ago. I had no idea what was going on here. Hell the cops first asked me where the beer came from, I told him I had no idea, not b/c I was lying, but because I literally had no idea, and I further told the cops that they probably know more than I did. Only because the first thing they asked when they came in was where the everclear was. Afterwards my friends told me that they were talking about everclear from a different party before I walked through the door. Which tells me they waited for me to get home so they could charge me as well. Anyways I said to one of the officers "What the **** was I supposed to do I just walked in a few minutes ago, asked what was going on and how everyone got here then you guys knocked on the door." The officer's response was: "Well once you walked through the door you should have ordered everyone out of your apartment and you wouldn't be getting charged right now. I responded with: "Oh okay I should have sent 4 of my best friends out of my apartment to drive home drunk?" He said yes!!! I said : "So friends really should let friends drive drunk?" I think I pissed him off with that one, cause that's when I was hancuffed outside to the railing. I'd take the misdemeanor any day over the chance of losing one of my best friends in an alcohol related accident. I already lost one at the hands of a drunk driver and that's more than anyone should go through. That's what you get for looking out for the safety of others I guess.

[LT2_3]

Yeah, the worst part of it was when the cops started to write up the court summons and went to hand it to me I was so shocked that I was getting in trouble and puzzled that they could even charge me with anything I said to the cop: Why am I getting charged for providing a place, I just walked through the door less than five minutes ago. I had no idea what was going on here. Hell the cops first asked me where the beer came from, I told him I had no idea, not b/c I was lying, but because I literally had no idea, and I further told the cops that they probably know more than I did. Only because the first thing they asked when they came in was where the everclear was. Afterwards my friends told me that they were talking about everclear from a different party before I walked through the door. Which tells me they waited for me to get home so they could charge me as well. Anyways I said to one of the officers "What the **** was I supposed to do I just walked in a few minutes ago, asked what was going on and how everyone got here then you guys knocked on the door." The officer's response was: "Well once you walked through the door you should have ordered everyone out of your apartment and you wouldn't be getting charged right now. I responded with: "Oh okay I should have sent 4 of my best friends out of my apartment to drive home drunk?" He said yes!!! I said : "So friends really should let friends drive drunk?" I think I pissed him off with that one, cause that's when I was hancuffed outside to the railing. I'd take the misdemeanor any day over the chance of losing one of my best friends in an alcohol related accident. I already lost one at the hands of a drunk driver and that's more than anyone should go through. That's what you get for looking out for the safety of others I guess.

 

I was discussing your issue with a buddy that I hung out with back in my pre-21 days and we each recalled an incident from those days where we had deftly avoided any consequenses from encounters with the police during parties. In mine, I was 21 and was at my parents during the summer and they were on vacation. Most people there were over 21, but when the cops showed up, we moved everyone underage into the laundry room in the basement before I answered the door. I apologized for the noise and promised to shut down the DJ system for the night. They left and we kept the sound system at a much lower level and the cops never came back.

 

Then my buddy recalled an incident the same summer at another buddy's house and said "Yeah man. It was like 5 days before my 21st birthday and I wasn't about to be jumping into closets at that point." I think they saw a bunch of people standing there with drinks in their hand and they figured we all had to be 21 and went away after asking us to turn down the music.

 

We both were in agreement that we ALWAYS had a plan for what to do if the cops came. (even if we showed bad judgement and didn't follow the plan exactly within a week of our 21st birthday) We always had a designated door answerer that was over 21 or the person who's apartment it was would answer the door and step outside to talk to the cops, while everyone else poured all the open alcohol down the drain and hide the rest in closets so it's not in plain sight, rinsed the empties and put them in garbage bags. The theory was that there would be no evidence that anyone present drank anything there and the best they could do is charge all the under age folks with was underage consumption if they bothered to take them all downtown to give them breathylizers. Of course, only living 20 miles from Wisconsin where the drinking age was 18 gave everyone a possible out by claiming that they drank there and then came to this party.

 

In any event, we always had a plan. It just amazes me that you and your friends didn't have a plan for what to do if they showed up. Although I DO have to admit that it sounds like these cops probably entered with the attitude like they had a right to.

 

I think that our own personal experiences have shaded our opinions about this Benson incident. I've been screwed over by the cops and got out of it. I learned that the cops aren't always right. You got screwed by the cops and really got screwed. You perhaps learned that you can never be too careful?

 

I'm seriously glad you got through your probation without further incident. Another BS charge could've really effed up your life.

 

Hey nfo! Is that close enough to a personal attack?

[azbearsfan]

Yeah, the worst part of it was when the cops started to write up the court summons and went to hand it to me I was so shocked that I was getting in trouble and puzzled that they could even charge me with anything I said to the cop: Why am I getting charged for providing a place, I just walked through the door less than five minutes ago. I had no idea what was going on here. Hell the cops first asked me where the beer came from, I told him I had no idea, not b/c I was lying, but because I literally had no idea, and I further told the cops that they probably know more than I did. Only because the first thing they asked when they came in was where the everclear was. Afterwards my friends told me that they were talking about everclear from a different party before I walked through the door. Which tells me they waited for me to get home so they could charge me as well. Anyways I said to one of the officers "What the **** was I supposed to do I just walked in a few minutes ago, asked what was going on and how everyone got here then you guys knocked on the door." The officer's response was: "Well once you walked through the door you should have ordered everyone out of your apartment and you wouldn't be getting charged right now. I responded with: "Oh okay I should have sent 4 of my best friends out of my apartment to drive home drunk?" He said yes!!! I said : "So friends really should let friends drive drunk?" I think I pissed him off with that one, cause that's when I was hancuffed outside to the railing. I'd take the misdemeanor any day over the chance of losing one of my best friends in an alcohol related accident. I already lost one at the hands of a drunk driver and that's more than anyone should go through. That's what you get for looking out for the safety of others I guess.

 

 

Yeah trap, you should definitly be on BEnson side after that BS treatment.

[Lucky Luciano]

Three. I am REALLY interested in the LCRA audio. To me, that is the biggest potential evidence in this matter. Neither side questions the LCRA pulled up for a safety inspection. Neither side questions Benson being escorted to the LCRA boat for a "field sobriety" test. Where the stories begin to differ is how this test went down, and how Benson reacted.

 

Police say Benson not only failed the test, but bombed it. I think I read something to the effect of his not being able to say his ABC's or count. This led the officer to tell Benson he would need to come ashore for further testing, and Benson reacted hostile, which led to the pepper spray. Benson said he passed the test easily, and thus didn't understand the need for further testing. Benson said he never was hostile, and the officer was trigger happy w/ the spray. If the purpose of the audio is evidence in BWI tests, then that piece of evidence should go a long way to reveal (a) how Benson did on the test and ( what sort of reaction/attitude he had w/ the officer.

 

It is still very possible Benson was hammered, his friends are lying for him, and that he was an ass to the LCRA, prompting the spray and later harsh treatment. At the same time, I tend to simply believe Benson's version more due to several questionable parts of this mess of a situation.

 

if i were benson's lawyer here is something else i would be interested in:

 

what did they do with benson's boat while they took him to shore? did they tow it in? did they put an officer on board to operate benson's boat to shore? did they leave the boat adrift in the lake?

 

who operated it when benson was taken ashore? was he/she given a sobriety test before the took over? if not how dumb is that? if they left the occupants to their own means in the middle of the lake is that not a safety violation on their (officers) part? did this THEN discriminate against benson if they did by singling him out from the rest?

[nfoligno]

Combine this w/ the story about the other officer.

 

As witnesses tell it, one LCRA officer took Benson to the LCRA boat, while the other stood w/ the rest of Benson's group on his boat. During this time, this other LCRA officer was polite, and asked whether anyone there was okay to pilot the boat, and further, was telling them all not to worry, and everything would be fine.

 

Like you said, it will be interesting whether any of them were deemed capable of driving, and was in fact allowed to do so. Benson was not actually driving when the LCRA boarded the boat, so even if Benson were drunk, if another in the group said they were fine to drive, and were subsequently allowed to do so, then why was Benson's sobriety even an issue?

[LT2_3]

Combine this w/ the story about the other officer.

 

As witnesses tell it, one LCRA officer took Benson to the LCRA boat, while the other stood w/ the rest of Benson's group on his boat. During this time, this other LCRA officer was polite, and asked whether anyone there was okay to pilot the boat, and further, was telling them all not to worry, and everything would be fine.

 

Like you said, it will be interesting whether any of them were deemed capable of driving, and was in fact allowed to do so. Benson was not actually driving when the LCRA boarded the boat, so even if Benson were drunk, if another in the group said they were fine to drive, and were subsequently allowed to do so, then why was Benson's sobriety even an issue?

 

It also seems odd that the officer asked if anyone else was okay to pilot the boat BEFORE they had the results of the sobreity test. It sounds like they had already decided what the results were going to be beforehand.

[nfoligno]

I don't know. I took it more of a "just in case" situation.

[LT2_3]

I don't know. I took it more of a "just in case" situation.

 

I did too at first, but when you put it in context with your questioning of why Benson was tested if there was someone else capable of driving the boat, and it makes me think about it twice.

 

Field sobriety tests are notoriously subjective. I know a guy that failed a field sobreity test when asked to say the alphabet backwards. The funny part is that he hadn't been drinking.