James Benlien enters the courtroom for his arraignment for leaving the scene of an accident that killled his wife, Christine.
PITTSFIELD -- James E. Benlien is out on bail following his arraignment Monday in Central Berkshire District Court on charges that he left his wife on the side of the road after a deadly fall from their moving car.
James Benlien, 45, who has been in police custody since his arrest early Sunday, appeared before Judge Fredric D. Rutberg and pleaded not guilty to leaving the scene of an accident involving a death, a felony, and second offense drunken driving, a misdemeanor.
"It was a terrible and tragic accident," James Benlien's attorney, Jill Sheldon, told the court.
Around 1 a.m. Sunday, 42-year-old Christine Benlien stepped out of the couple's Infiniti as James Benlien drove them home from a local bar, according to a police report. The couple was allegedly arguing.
Their daughter, 21-year-old Amanda Benlien, was in the back seat and also got out of the moving car, which had slowed down but didn't stop. Amanda Benlien suffered abrasions to her knees and left elbow.
James Benlien allegedly drove the 0.3 miles from the accident scene at 146 Crane Ave. to their home at 290 Crane Ave. without stopping. He was later arrested
at the home.Police said that when they spoke to Benlien at his residence shortly after the accident they could smell alcohol on him, that he was unsteady on his feet and had slurred speech and glassy eyes. Benlien allegedly refused to perform field sobriety tests and was "verbally aggressive" with the police, they said.
Christine Benlien suffered a head injury from her fall. She was rushed to Berkshire Medical Center and was pronounced dead at 1:36 a.m. Sunday.
Sheldon said James Benlien had no idea his wife was hurt and believed she and their daughter were walking the short distance home.
The police report indicated that Amanda Benlien was "upset her father did not stay to check out the well-being of her mother."
James Benlien, Sheldon said, didn't find out that his wife was dead until after his arrest when he spoke with his brother.
The attorney said James Benlien and his family were in mourning over Christine's death. She asked that he be given a nominal bail so he could "go and bury his wife."
The defendant's family was in court Monday to support him, according to Sheldon.
Berkshire Assistant District Attorney Kelly M. Kemp asked for $50,000 cash or bail bond in the case citing a mandatory minimum one-year jail sentence for James Benlien if convicted of the felony. She also cited his previous convictions that included a drunken driving conviction from 1989 and leaving the scene of a property damage accident from 2002, among others.
Rutberg set bail at $2,500 cash or $25,000 bail bond.
The defendant made bail soon afterward and is scheduled to appear in court for a pretrial hearing on Jan. 3, 2012.
James Benlien, a native of Berkshire County, is a project manager for a local heating and air conditioning company. His wife worked at Barton's Crossing, a local homeless shelter, according to court documents.
The events that led up to Christine Benlien's death, according to the police report, began Saturday night.
The police report indicates that the drinking began at the Benlien home Saturday evening as they prepared to go out, and that Christine Benlien had six glasses of wine and James Benlien had at least four beers. While at Zenner's Pub on Tyler Street, the couple and their daughter shared three pitchers of beer.
According to what Amanda Benlien told police, her parents were bickering before they went out, but said that was nothing unusual. The fighting escalated at the bar when her father went off to smoke crack cocaine and then lied about it to his wife, the police report indicated.
The arguing continued in the car on the way home, according to Amanda Benlien's police statement, and then her mother opened the door and fell out.
"She was there and then gone," Amanda Benlien allegedly told police.
Sheldon later told The Eagle that her client was "broken-hearted."
To reach Andrew Amelinckx:
aamelinckx@berkshireeagle.com,
or (413) 496-6249.
Follow him on Twitter: @BE_TheAmelinckx.
No comments:
Post a Comment