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The Honolulu Advertiser
Updated at 8:14 a.m., Thursday, April 16, 2009

Kihei man gets one-year term for punching officer

Maui News

WAILUKU — A one-year jail term was ordered for a Kihei man convicted of punching a police officer responding to an emergency call at the man's residence.

Lyle Shawn Benson, 45, also was placed on five years' probation and ordered to participate in anger management classes as part of his sentence imposed Tuesday.

"One of the themes in your life, if you go all the way back to Kansas, is alcohol and anger," 2nd Circuit Judge Joseph Cardoza told Benson. "That's a bad combination. If you've got a short fuse and you like to drink, you're going to find yourself in courtrooms again and again."

Despite a jury's verdict that he was guilty of first-degree assault against a law enforcement officer, Benson hadn't acknowledged he was responsible for what happened, Cardoza said.

Kihei patrol officers went to Benson's residence on Welakahao Road the evening of June 24, 2007, after he called 911, saying he wanted his girlfriend removed from the home. On a tape of the call, Benson is heard yelling and swearing before a dispatcher hangs up.

Police said that Benson was uncooperative and aggressive and smelled of alcohol.

When officer Michael Hale walked toward Benson with his Taser stun gun drawn outside the residence, Benson lunged at Hale and punched him, officers said. Benson ended up on the ground, with two officers holding their Tasers to his back.

Defense attorney David Sereno said that Benson would benefit from probation and treatment.

"Shawn Benson, stone cold sober — he's productive, he's loving, he's friendly, he's nice," Sereno said.

Deputy Prosecutor Melinda Mendes said that a five-year prison term was warranted. She cited Benson's record of Mainland convictions, including attempted aggravated battery for hitting someone with a cue stick in 1989 and for drugs in 2000. In the latter case, she said Benson was sentenced to a 10-year prison term in Oklahoma after being arrested for "basically having a meth lab" with a partner.

"He should be a good boy for the rest of his life," Mendes said. "Instead we have him coming back here, mistreating our police officers who are only doing their job."