The following article was posted on www.todaystmj4.com
Benson Reaches Plea Deal
WAUKESHA - Mark Benson pleaded no contest Tuesday to five counts in connection with the drugged driving incident in which he crashed into and killed Oconomowoc High School's Associate Principal and two of her children.
Jennifer Bukosky, her unborn daughter, and 10-year-old daughter Courtney Bella died in April 2008 when Benson crashed into their car. At the time, he had three impaired driving convictions on his record and had lost his driver's license.
Under the terms of the deal, Benson entered no contest pleas to three counts of homicide by intoxicated use of a vehicle, one count of injury by intoxicated use of a vehicle, and one count of operating under the influence. In exchange, a charge of operating after revocation was dropped.
The judge also dealt with Mark Benson's bail jumping case. Those charges stem from an incident in which Benson was out on bail earlier this year but police said they caught him ordering steroids from Florida. Two felony bail-jumping charges were read into the record but dismissed.
Also, Waukesha County will keep $170,000 of Benson's $500,000 bail. The rest will be returned to his mother, who posted bail for him in March. That $170,000 will be used to reimburse victims' families for their expenses such as funerals and medical care.
Benson, 56, was set to go on trial in July.
Jennifer Bukosky's husband, Michael, talked about how difficult Tuesday's hearing was for him. "It's very difficult to put into words how this affected you. Because you can't find the words for it," he said.
He said family members were "really anticipating" the hearing "thinking it was going to give closure." But she said, "It doesn't." "Unfortunately, this is the only thing we have offered to us is him being punished through this means but it's just not enough."
"It doesn't give closure, Michael Bukosky said. "Each time these things happen it kind of tears the band aid off and you bleed a little bit more."
Benson's attorney, Richard Coad, says a pending civil lawsuit prevented Benson from admitting guilt in court. "It's a tragic accident," said Coad. "Mark Benson is certainly responsible for it, he accepts that. He didn't want to put the families through a trial."
At his sentencing, Benson will have one last chance to say something to the Bukosky family but not before they have their final say. "I've actually started writing what I want to say and that's a difficult thing to do," said Michael Bukosky.
Jennifer's mother, Judy Jenkins, says she wanted to hear Benson say he was sorry. "I wanted to hear, the families wanted to hear, 'I'm guilty, I did it, and I'm sorry for what I did,' and once again, we didn't get that," she said.
Jenkins has worked to pursue tougher drunk driving laws in the state and says she will continue that mission.
The prosecutor says his office worked for weeks to negotiate the plea agreement. "The families had told us all along that this was going to be very, very hard for them," said Assistant District Attorney Kevin Osborne. He said the plea agreement gives justice while avoiding a trial.
Under the terms of the plea agreement, Benson faces a maximum of 53 years and 6 months in prison. Because Benson is 56-years-old, that maximum sentence would likely put him behind bars for the rest of his life, the prosecutor said.
Benson's brother John has been at many of the court hearings including Tuesday's. He said about the plea, "...it doesn't lessen the loss and the pain that the families have felt."
"No court, no verdict and no penalties can ever replace them." John Benson added, "Our prayers are with the Bukosky family."
