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Cory man pleads guilty to three battery charges

Tuesday, August 24, 2010

(Photo)
James Milton Benefiel
A Cory man didn't waste any time in Clay Circuit Court admitting his guilt during formal arraignment of allegations of domestic battery Monday.

According to court documents, James Milton Benefiel, 42, appeared before Circuit Court Judge Joseph Trout to be advised of his rights, formal allegations and the potential penalties by Clay County Prosecutor Lee Reberger.

Stemming from a violent altercation that occurred at his Cory home Aug. 18, Benefiel was formally charged with (in order) class D felony domestic battery, class D felony strangulation, and two class A misdemeanor charges, including battery resulting in bodily injury, resisting law enforcement, and one class B misdemeanor battery.

According to the probable cause affidavit in the case, Benefiel allegedly struck and choked an unidentified family member and hit at least two other individuals in the presence of a juvenile under the age of 15 before running away from law enforcement officers dispatched to the investigate the incident.

Benefiel was taken into custody and booked into the Clay County Justice Center that same night.

Appearing in court Monday, Benefiel waived his constitutional rights and made a voluntary factual statement, pleading guilty to his involvement.

Trout entered guilty verdicts on counts 1, 3 and 5, while dismissing counts 2 and 4 at the state's request. A pre-sentencing investigative report was ordered to be prepared before the sentencing hearing tentatively scheduled for Sept. 20. Attorney Charles Hear was appointed to assist as defense counsel during the upcoming sentencing hearing.

Benefiel was remanded into the custody of the CCSD to await further court proceedings.


Comments
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The mug shot is asking for an ass whipping. Let that be tried on my family......a punk in my opinion.

-- Posted by wtfizdat on Tue, Aug 24, 2010, at 11:51 PM

He looks like a nice enough guy !!!

-- Posted by Thorn44 on Wed, Aug 25, 2010, at 9:23 AM

He's just misunderstood!

-- Posted by Proud of My Country on Wed, Aug 25, 2010, at 11:38 AM

PofMC, you beat me to it. :) You did leave out the part about being a good father & role model though.

-- Posted by I. M. Lee Thall, Esq. on Wed, Aug 25, 2010, at 11:44 AM

Dont judge unless you know the real story, I am the victim here and I know what really happened.

-- Posted by BenefieN on Wed, Aug 25, 2010, at 12:22 PM

Well, it seems this 'abuser' already has internet privileges at the jailhouse. How nice. YOU'RE WELCOME!

I'd say the smile shows pride .. interestingly enough, if he was that proud of what he did .. why run when the police were dispatched? Because you're a coward, like most abusers.

BENEFIEn - we know "the real story" also - need I remind you of your GUILTY plea? An innocent 'victim' wouldn't plead guilty, so STFU - you had your day in court.

-- Posted by Emmes on Wed, Aug 25, 2010, at 12:30 PM

Emmes: You're mistaken. BenefieN was the victim, not the defendant.

Thall: I'm sure his family needs him at home to keep them in tow.

A picture says a thousand words: no wonder he pled guilty.

-- Posted by Dagnabbitt on Wed, Aug 25, 2010, at 1:19 PM

You are all intitled to your comments,but you dont know my family situation so leave my family out of it. Let God do the judging not you. p.s. im pretty sure that your mugshot would be "B-E-A-U-T-I-F-U-L"!!!!!!!!!!

-- Posted by BenefieN on Wed, Aug 25, 2010, at 1:57 PM

This guy looks like he needs a good a$$ whippin. Cocky and pushy. Mouthy little punk. I hope he gets mouthy with another inmate that won't take his woman beatin crap! No brain muscles there. LOSER 4 SURE!!!

If you are a victim then you need to press charges and get this guy locked up for a while. Let him bully around a few guards and fellow inmates. His attitude wil change!!

-- Posted by CCmudman on Wed, Aug 25, 2010, at 2:44 PM

BenefieN...One whack upside the head with a baseball bat will stop him from beating up on anyone!

-- Posted by CCmudman on Wed, Aug 25, 2010, at 2:57 PM

Dagnabbitt so his family needs him around to keep them in tow? Glad to hear you agree with his methods, and you are a moron.

-- Posted by I. M. Lee Thall, Esq. on Wed, Aug 25, 2010, at 3:31 PM

I. M. Lee Thall....you missed it! Dagnabbitt was being you and you missed it! I am ashamed!

-- Posted by Proud of My Country on Wed, Aug 25, 2010, at 3:53 PM

Thall: Excuse me. I gave you entirely too much credit. I ASSuMEd, of all people, you'd recognize sarcasm.

Proud: Thanks for sitting him straight.

HAHA

-- Posted by Dagnabbitt on Wed, Aug 25, 2010, at 4:11 PM

Why oh why is there always some moron defending this type of person? "I was the victim and leave my family out of it"!! Really. Maybe your family should stop putting themselves on the front page of the local paper!

-- Posted by Goren72 on Wed, Aug 25, 2010, at 5:48 PM

You know what they say about people who assume. And yea, I was really set staight alright.

-- Posted by I. M. Lee Thall, Esq. on Wed, Aug 25, 2010, at 6:18 PM

Has there every been someone arrested whose head is on straight?

-- Posted by Ron Archer on Wed, Aug 25, 2010, at 9:02 PM

Let the K-9s "train" on him for a while. I'll bet he doesn't have that smug-a-- smile on his ugly face then!

-- Posted by th1953 on Wed, Aug 25, 2010, at 10:18 PM

electriceye... HAHAHAHA

Good one!

-- Posted by Dagnabbitt on Thu, Aug 26, 2010, at 8:10 AM

DAG - OHHHH .. I thought BENEFIEn was the perp acting like he was innocent! My mistake!

Doesn't change the question of WHO called the police (BENEFIEn) if this was all a misunderstanding. Hmmm?

As for the "smug-shot" .. from the look on his face, the attitude .. looks like he fancies himself pretty smart. So smart he has to beat up women.

-- Posted by Emmes on Thu, Aug 26, 2010, at 11:44 AM

Now that was funny.....oh yes it was!

-- Posted by Proud of My Country on Thu, Aug 26, 2010, at 11:44 AM

I was responding the electriceye's comment....sorry Emmes, I wasn't laughing at your comment at all because laying a hand on a woman is NOT funny.

-- Posted by Proud of My Country on Thu, Aug 26, 2010, at 11:46 AM

Here we go again cry cry cry

-- Posted by Thorn44 on Fri, Aug 27, 2010, at 2:24 AM

PROUD .. I didn't think you were laughing at my comment. lol

-- Posted by Emmes on Fri, Aug 27, 2010, at 9:48 AM

Have to love Thorn44's comments. They are always so informative and useful. I am so appreciative that this, obviously intellectual person, actually takes time from his life to join us and grace us with such important info.

Thanks Thorn44

-- Posted by Oldtown on Sat, Aug 28, 2010, at 6:39 PM

Your Welcome

-- Posted by Thorn44 on Wed, Sep 1, 2010, at 5:13 PM


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