Recent Usage - Rochester, Minnesota

The Defendant: Moses Gum Benjamin

On October 4, 2012, Moses Gum Benjamin was arrested after threatening his wife with a knife. He stated, "I can finish this right now. I'm serious. I will finish this right now," and threatened to take the kids with him. When the phone rang, his wife and children were able to escape out of the house.

This past Friday, February 1st, 2013, Benjamin was able to enter the Alford Plea in the Olmsted County District Court. This plea has allowed Benjamin to plead guilty to second-degree assault with a dangerous weapon in exchange for a dismissal of three counts of first-degree burglary and terrorist threats (which are all felonies), as well as a gross misdemeanor for domestic assault.

In the past, Benjamin was convicted of malicious punishment of a child in the year 2011.

The defendant's sentencing will take place March 28.


Food For Thought: 

Considering Benjamin's past history of crime, does it seem fair that the judge has accepted an Alford Plea in this case? What about the fact that the court is dismissing three felony counts in order to convict him for second-degree assault with a dangerous weapon?

According to Minnesota law, second-degree assault with a dangerous weapon will yield a sentence of no more than seven years and/or a fine of no more than $14,000. When we look at the dismissals, is the Minnesota court system making the right choice?



Information From:
Minnesota Office of the Revisor of Statutes
Mugshots.Com
Post Bulletin - Minnesota News