Man gets probation for home invasion, assault

MARLENE GARCIA
MARLENE GARCIA
March 9, 2006, 12:05 AM

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A 23-year-old Fallon man avoided prison Tuesday when District Judge David A. Huff granted probation for a 2005 home invasion that also involved an assault with a weapon.

Joseph Matthew Benson was praised by his defense attorney as a young man who has completely turned his life around since his arrest in October.

"This is a great kid who made a mistake," said attorney Paul Drakulich. "I've had many, many, many cases of this nature and can't recall anyone I've been more impressed with than Mr. Benson."

Benson is one of three people charged with kicking in the front door at a residence in the 5400 block of Hettinger Place and stealing a cache of firearms. During the offense, a resident was struck with a pistol at least twice in the head, causing lacerations.

Police said a SKS 7.62 caliber rifle, a .22 caliber rifle, a .380 pistol and a 12-gauge shotgun were taken from the residence before the suspects fled.

At the time, Sheriff Richard Ingram said the incident was sparked by a disagreement over the quality or operability of weapons that were sold or traded between the victim and suspects.

The judge suspended a 24-60 month sentence for home invasion and a 12-48 month prison term for assault with a deadly weapon. Benson was placed on probation for five years with several conditions, including an order that he spend 60 days in jail. The time can be served on weekends.

Huff also told the defendant to continue attending Alcoholics Anonymous meetings and refrain from using alcohol.

"You have a problem and I think you need to get it under control," the judge told Benson. "This is a chance for you to stay out of prison. If you go out and get drunk in the next five years, you are probably guaranteed a one-way ticket."

Drakulich said his client was drinking and trying to impress two co-defendants when the crime occurred. Cade Ian Warkentin and Lindsey Nicole Duncan were also implicated in the crime.

Drakulich presented 25 letters to the judge from people who support Benson and asked for leniency.

Benson apologized to the judge, saying he has been attending AA meetings regularly, working six days a week and attending school.

"I'm very sorry for what I did. I'm working hard to get my life on the right track," Benson said.

Deputy District Attorney Tom Stockard asked the judge to follow the recommendation from the Department of Parole and Probation. The department suggested two prison terms that would run at the same time.

"This is a very serious crime - a home invasion committed by people armed with weapons to take weapons," Stockard said, "and involved a brutal beating of the occupant of the home. (Parole and probation) set out a very generous recommendation. I concur with it, given the egregious nature of the offense."

Marlene Garcia can be contacted at mgarcia@lahontanvalleynews.com