Judge comes down hard on DV case

After hearing all the evidence presented in a domestic violence case, Judge Jeffrey Sharp sentenced Victor Allen Benham to 910 days with none suspended to probation. However, the sentencing didn’t end there. Since court records showed that Benham was eligible for the Habitual Offender Sentencing Enhancement, he was also sentenced to 1,825 days (5 years) in the Indiana Department of Correction with no time suspended. The sentencing order was filed December 17.

The recent charge – Domestic Battery in the Presence of a Child, stemmed from an incident on May 7 when Ripley County Sheriff Deputy Grayson Miller was dispatched concerning a domestic incident. Court records reveal that Deputy Miller made contact with a female who told him that Benham had “put his hands on her and told her he was going to break her jaw.” Further, the victim’s ear was bleeding after she said Benham ripped an earring from it. She said he then pulled her down the stairs to the basement. The victim told police Benham put his hands around her throat that showed a bruise.

The victim’s minor child told police that earlier in the day Benham tried to hold (the victim) and choke her. In testimony Deputy Miller said, “It was one of the worst in my experience that I have had to fill out.” The victim told police she was afraid Benham would kill her or himself.

The Court looked at Benham’s prior criminal history and considered it a “significant aggravating factor.” From the juvenile delinquent history through the most recent Benham’s behavior included Minor Consumption, Robbery, Theft, Battery, and Probation terminated unsatisfactorily. The records show Benham continued the criminal violations into adulthood with Theft, Battery, Battery Resulting in Bodily Injury, Criminal Trespass, Interference with Reporting a Crime, Possession of a Narcotic Drug, Resisting Law Enforcement, Possession of Marijuana, Criminal Mischief, Intimidation with a Deadly Weapon and more.

“Defendant (Benham) has at least ten prior misdemeanor convictions and at least four prior felony convictions and has been found to be in violation of his conditions of probation at least eight times in the past.”

Based on all the findings, the Court found Benham to be at high risk to offend again.

Under mitigating factors Benham, represented by his attorney, asked the Court to consider substance abuse as a mitigating factor. Benham testified that he has been clean “for a while”. Only two of the defendant’s convictions were related to substance abuse. The majority of Benham’s criminal history were for offenses where other people were harmed or victimized.

Testimony was given that Benham needs continued treatment. But, given his past record, the Court was reluctant to put the defendant in that type of setting. It was noted that the pattern of criminal behavior through documented records showed Benham’s inability to function under basic norms and principles outside of incarceration.

Paperwork from the Court reads, “Given his criminal history, along with the probation violations, he has forfeited the privilege of the criminal justice system providing that assistance in a probationary setting.” That sentenced referred to Benham being able to get treatments outside the prison system.

“The Court does not consider Defendant’s substance abuse history or the need for continuing treatment to be a mitigating factor.”

“The Court acknowledges that Defendant has participated in the WRP program and Peer Recovery Group while incarcerated. Defendant also completed the SAMHSA Anger Management Workbook on August 21.” Benham was a trustee during his pretrial incarceration at the Ripley County Jail. The Judge did consider these to be mitigating factors. Judge Sharp also took into consideration that Benham pled guilty in this case, avoiding a trial.