Thursday, February 04, 2010

Northern Arizona Man Charged with Three Counts of Assault with a Dangerous Weapon

February 4, 2010 0- PHOENIX—A federal grand jury in Phoenix returned a three-count indictment on Tuesday against Larry Shonnie Ben, 31, of Kayenta Ariz., for Assault with a Dangerous Weapon. The court documents allege that on December 13, 2009 Navajo Nation Police were dispatched regarding an intoxicated driver, later determined to be Ben, traveling on U.S. 160 towards Kayenta. While conducting a traffic stop, Ben refused to get out of his vehicle and fled from the police. A chase ensued. During the chase, multiple police vehicles had their lights and sirens activated. Ben continued fleeing from the police, even after traveling over a set of stop sticks which deflated one of his tires. Ben swerved and crashed into two Navajo Nation patrol vehicles. When one of these patrol vehicles was able to get in front of Ben, he then accelerated and rammed into the rear of the patrol vehicle. After finally coming to a stop, Ben fled on foot until he was eventually captured by Navajo Nation police officers.

A conviction for Assault with a Dangerous Weapon carries a maximum penalty of ten years in federal prison, a $250,000 fine or both. In determining an actual sentence, the judge will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The investigation preceding the indictment was conducted by the Navajo Division of Public Safety - Department of Criminal Investigations, the Navajo Division of Law Enforcement, the Kayenta Police Department, the Shiprock Police Department, and the Federal Bureau of Investigation. The prosecution is being handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.

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