AFTER a two-day bench trial, Superior Court Associate Judge Kenneth L. Govendo found 20-year-old Benster S. Benjamin guilty of driving under the influence of alcohol, reckless driving, and speeding, among other traffic charges.
The bench trial was held on Oct. 12-13.
Judge Govendo also found Benjamin guilty of refusal to submit to a breath test, reckless driving-bodily injury/property damage, fleeing or attempting to elude a police officer, and failure to obey a traffic signal.
But the judge found Benjamin not guilty of driving while under the combined influence of alcohol and drugs; false report; driving without a license; failure to wear a seatbelt; open container of alcohol in a motor vehicle; and failure to remain at the scene of an accident.
Judge Govendo scheduled the sentencing for Jan. 6, 2022 at 1:30 p.m.
Benjamin was represented by Assistant Public Defender Vena Seelam while Assistant Attorney General Steve Kessel prosecuted the case.
In January 2021, the government asked the court to dismiss without prejudice the traffic charges against Benjamin after a highway police investigator failed to establish at a preliminary hearing that the defendant was the driver of the vehicle in discussion.
Associate Judge Teresa Kim-Tenorio, who was presiding over the case, granted the motion, and dismissed without prejudice the traffic case against Benjamin.
Kessel told the court that he would refile the case at a later date.
According to the police, the incident occurred on the early evening of Dec. 24, 2020 and involved a white Toyota Prius that was swerving and travelling at a high rate of speed.
Police attempted to conduct a violator stop, but the vehicle refused to stop and continued travelling south at high speed.
During the pursuit, the vehicle was seen striking three other vehicles while continuing to elude the police, disobeying a red traffic signal light and speeding.
The Toyota Prius then rear-ended another vehicle on Beach Road, Chalan Laulau before running off the road and knocking down a 35 MPH speed limit sign post as well as a pathway lamppost, causing the vehicle to flip over.
Responding police officers saw five individuals crawling out of the wreckage before running in the southwest direction toward the shoreline.
The officers apprehended the five. Police also found an unconscious individual with serious injuries next to the Toyota Prius. He was rushed to the hospital by Department of Fire and Emergency Medical Services medics.
Police likewise found an open bottle of gin next to the passenger door and marijuana inside a black case.
Police said Benjamin initially denied but later confessed that he was the operator of the vehicle.
