May 19, 2011

On the afternoon of May 19, 2011, I went outside of my apartment on W. Anderson and Waco St.. in Weatherford, Texas, and headed toward the trash dumpster located beside the parking lot.  I was taking MEDICATION, and I had consumed alcohol.  In the parking lot I was confronted by the neighbors I had been having problems with (see posts below)  .There was a confrontation which led to some yelling.  Other neighbors that I have never met, D. Babbit and his wife, heard the noise and came to the parking lot to help.  Mrs. Babbitt decided to call the police.  Mr.Babbit was telling me that I should just go inside.

When the police arrived, I began to return to my apartment where the door was standing open.  I was approached and stopped by Officer Chris Beniak  (SEE FEBRUARY 10)  who began demanding I.D.   I said that I should return to the apartment before producing I.D.  Beniak became angry.   Mr. Babbit was standing right beside me, and convinced me that  I should just show I.D. and then go inside. 

Beniak was irritated and aggressive because I had delayed in producing my I.D.  He attacked me.

I gave my I.D. to Beniak and stood waiting.   As I stood waiting, I was never told that I was under arrest or that I was being searched.  Beniak did not attempt to pat me down for weapons as he claimed, he aggressively grabbed me.   His irritation boiled over and he suddenly assaulted my arm, grabbing it forcefully and jerking me.  This startled me and I tried to back away and release my arm.   I flailed about and did not strike Beniak which was affirmed by Mr, Babbit.  Beniak threw me to the ground and another officer ran over to join in while I was handcuffed.

Beniak then made a conscious decision to over charge me with Assault of a Public Servant with Bodily Injury. which is a third degree felony. He also charged me with resisting arrest.

I never assaulted Chris Beniak. I was assaulted by Beniak which he is legally able to do, but the level of violence he used against me was completely unnecessary.  He never attempted to "search" me as he would claim, he grabbed me and jerked me, and at no time had I been told that I was under arrest.

Beniak coerced the Babbit's to write statements, but Mr. Babbit who was standing next to me did not write that I struck Beniak in his statement because I did not.  Mrs. Babbit, who was behind Beniak talking to others and could not see, wrote her statement more in conformity with what Beniak wanted.

After I went to jail, my parents went to retrieve my things from the apartment;  Mr.Babbit saw them and came to  speak with them. He told them what had happened, and he told them that I flailed after being grabbed, but I DID NOT hit Beniak, he simply threw me on the ground.


It was not my conscious objective or desire to engage in the conduct in question. The conduct in question was an immediate reaction to being grabbed and jerked, it which was a startled reflex.  I was startled and reacting to an unexpected painful grasp on my arm.

I was never aware that the conduct was certain to cause the alleged result.  I did nothing which would be an assault or cause a bodily injury.  The alleged result, a bodily injury, did not occur, and I never engaged in conduct certain to cause a bodily injury.

I did not consciously disregard a substantial and unjustifiable risk. I was not taking ANY risk.  I was trying to release my arm from an unprovoked attack.

Beniak claimed bodily injury to his arm.  There was no bodily injury.  He later tried to justify his attack on me by claiming he was doing a "terry search".  He never tried to do a search.  Beniak was irritated and aggressive because I had delayed in producing my I.D.  I had wanted to return to my apartment, which annoyed Beniak  - who knew and disliked me.  He also wrote in one of his reports that he "assisted" me to the ground. There was no assistance.  He was overly aggressive and dishonest.

Beniak's excessive use of force was done in an unconstitutional manner.

I did not assault Chris Beniak. I did not cause any bodily injury to Chris Benaik.