Mark Benson: Sentenced

There's a good chance that Mark Benson will die in prison.

From the Milwaukee Journal Sentinel:

Former surgeon Mark M. Benson was handed a sentence Monday that will keep him in prison until he is just shy of his 87th birthday.

It appears to be one of the stiffest sentences handed down in the state for a conviction of homicide by intoxicated use of a vehicle.

Waukesha Circuit Court Judge J. Mac Davis sentenced Benson to 30 years in prison for the 2008 crash that killed popular teacher and associate principal Jennifer Bukosky of Oconomowoc High School, her unborn child and her 10-year-old daughter, Courtney Bella, and injured two children.

Benson, 56, could have faced as many as 53 years in prison for the deaths and injuries, and relatives of the victims had urged Davis to impose the maximum. During a nearly four-hour sentencing hearing, many of the relatives who spoke told Davis that Benson should die in prison.

"Our family is forever locked in a prison that we cannot escape from. Ours is a sentence of a lifetime without them and constant grief as our companion," Michael Bukosky, Jennifer's husband, told the judge about losing his wife, unborn child Sophia and stepdaughter Courtney in the crash. "Since we will die with this sentence that Mark Benson has forced on us, he should forever be locked up till his last days on earth. He should not be able to kiss his wife or embrace his daughters until I am able to do so."

"When you sentence this man, please look at what one man with an SUV had done that Friday evening in April 2008. There is an ancient Rabbinic teaching: To destroy a single life is to destroy the world. That man has not just killed my family, he has destroyed my world," Michael Bukosky said.

Here's the statement read in court by Michael Bukosky.

It's heart-wrenching. Benson destroyed Bukosky when he killed his wife, his unborn daughter, and his stepdaughter.

Benson took so much away from so many people.

Even though he didn't get the maximum sentence, 30 years will do. It is likely to be a life sentence. Most importantly, the families were satisfied with Judge Davis' decision.

What makes the deaths of Jennifer Bukosky, Courtney Bella, and Sophia so tragic is that repeat offender Benson should never have been behind the wheel.

...Benson spoke briefly, expressing remorse for the tragedy he caused.

"Your honor, I am solely responsible for this tragedy. . . . I am horribly, ashamedly sorry for all the pain that I have caused. I fully realize anything I say wouldn't alleviate any of their sorrow. I will feel sorrow and guilt for the rest of my life for this, and I'll never forgive myself," Benson told Davis.

Benson's attorney, Dean A. Strang, said Benson deserved to go to prison, but that a term of 10 to 20 years would allow Benson to return to his family as an elderly man. Strang said a prison sentence should be crafted to give Benson "a chance at redemption."

Benson had already been given a couple of chances at redemption.

He didn't take advantage of those opportunities.

No, he had to be sent to prison for virtually, if not literally, what will be the rest of his life.

Three times he was convicted of drunken driving, proving what an extreme danger he posed to the public.

It should not have taken the deaths of Bukosky and her two daughters, and the terrible, life-changing injuries of Deborah Gibbs to finally get him off the streets.

Benson forfeited his chance for redemption long ago.

Mark Benson's Letter, Gene Mueller

Mark Benson, convicted murderer of Jennifer Bukosky, her unborn child, and her 10-year-old daughter, Courtney Bella, wrote a letter to 620 WTMJ's Gene Mueller.

Apparently, Benson thought that was a good way to get some things he wants to say out to the public.

He was right.

From the Milwaukee Journal Sentinel:

Mark Benson, 56, penned the letter on June 18, two days after he entered no-contest pleas and was convicted in Waukesha County on three charges of homicide by intoxicated use of a vehicle and two counts of causing injury while driving intoxicated.

Benson will be sentenced Aug. 10 in the deaths of Jennifer Bukosky, 39, of the Town of Oconomowoc, her unborn child, and her daughter, Courtney Bella. Also injured in the April 25, 2008 crash were Bukosky’s son, Zachary Bella, then 12, and a family friend, Deborah Gibbs, then 10.

From 620 WTMJ:

Mark Benson is speaking through a letter that he wrote to Newsradio 620 WTMJ's Gene Mueller. Benson was Gene's doctor; he operated on Gene's knee in the mid '80s.

In his letter, Benson references a blog post that Gene wrote shortly after the crash in which Gene described the Mark Benson he knew. Benson writes that the posting meant so much to his family.

Benson starts off the letter taking the blame for the crash. "I am 100% at fault and responsible for the tragic motor vehicle accident that resulted in the deaths of Mrs. J. Bukosky, her unborn infant, and her daughter Courtney Bella as well as serious bodily injury to Miss Deborah Gibbs, injury to Zachary Bella," Benson wrote.

Benson goes on to say that he thought he was legally allowed to drive on the day he smashed into Bukosky's car. Benson writes that when the judge revoked his license after a 3rd OWI, "I was told that I could not drive without a valid occupational license." He says he wrongly assumed that an occupational license he had was valid.

"I wish to HELL the judge would have taken my license (occupational) and car keys and said 'walk home a--hole!' It would have served me well," Benson wrote.

Yeah, Benson claims to be 100 percent responsible for the crash when he, the good doctor, took away the lives of three people; but he goes on to say that the judge should have taken his license and car keys away.

It sounds like Benson is spreading the responsibility around.

In his letter, Benson writes that on the morning of the crash he took prescribed medicine before having an MRI, meeting with doctors. Later in the day he says he had an epidural at a hospital. That was a few hours before the crash.

Benson says, "I simply don't understand how i can be charged as an intoxicated driver by a cop who sees me 3.5 hours post-accident! When this same cop testified under oath that he could not testify on whether I would be impaired one hour after he saw me or one hour prior."

Benson writes that after the crash, "the paramedics let me help them get the little boy out of the car!" Benson is likely referring to Zachary Bella. He is Jennifer's son. Zachary survived the crash.

It's pathetic that Benson claims not to have been impaired at the time of the accident.

According to a report in the Milwaukee Journal Sentinel:

A crime lab report submitted as evidence during Benson's preliminary hearing this morning showed he had Ambien; Xanax, which is used to treat anxiety; and oxycodone, a painkiller, in his system when his SUV slammed into Bukosky's car April 25 at a traffic signal in the northbound lane of Highway 67 at Pabst Road in Oconomowoc.

"We obviously think he was impaired.... The one in particular that we believe to be a high amount is the Ambien. They're all significant, but we believe that to be a very high result for the Ambien," Assistant District Attorney Kevin M. Osborne said after Benson's preliminary hearing.

As a doctor, Benson should know better than trying to ignore this crucial evidence. A lab report of what was in Benson's system at the time of the accident carries more weight than the judgment of a police officer without medical training.

Benson should know that prescription drugs have the capacity to impair one's functioning. The fact that he was mixing prescription medications makes them no less dangerous.

He also should know that a paramedic on the scene of such a horrific accident, trying to save lives, would allow Benson to assist. Moreover, Benson doesn't say how he assisted the paramedic, nor does he detail how beneficial his assistance was. I doubt that Benson did anything significant, requiring a high level of functioning, if he did anything at all.

...He ends the letter by writing, "thanks for reading my feelings of remorse, horror, & sorrow."

Does Benson mention how he was returned to jail about a week after Waukesha County Circuit Judge J. Mac Davis made the terrible judgment to reduce his bail? No, he leaves that out.

Benson didn't adhere to the conditions of his bail. He landed back in jail after it was discovered that he violated the terms of his release.

He was returned to the jail March 17 after he was accused of receiving a package of prescriptions from a second pharmacy and having firearms. His bail conditions require him to get prescriptions from a single pharmacy as a way to monitor drug use and prohibited him from possessing firearms.

I don't take that behavior to be indications of his "feelings of remorse, horror, & sorrow."

I consider his actions to be those of an individual that poses an extreme danger to the public.
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From 620 WTMJ:

Mark Benson's handwritten letter to Gene Mueller

Transcription of Mark Benson's handwritten letter to Gene as prepared by his attorney's office

It's weird that Benson indicated that the letter was "CONFIDENTIAL." It certainly doesn't seem that he wanted the information in his letter to remain "confidential."

He asks Mueller to "shed some light" on his side of the story, seeing Mueller as a nonjudgmental figure.

He's using Mueller as a go-between to get his message out. Of course, Mueller and 620 WTMJ are making the most of Benson's letter, pimping and promoting it.

On his blog, Mueller writes:

You'll hear it Wednesday on Wisconsin's morning news. I'll read it in it's entirety in the 5:00 hour, and again at 7:30. We'll have reaction. We'll give you background and context. You'll also be able to read it for yourself online.

Quite the scoop.

Also, notice how sloppy Benson's handwriting is. The letter looks like a rough draft. It's as if he wrote it while under the influence.

Anthony Stancl: Lower Bail

UPDATE, February 24, 2010: Stancl gets 15 years in prison in Facebook coercion case
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UPDATE, December 22, 2009: Anthony Stancl - GUILTY, 2 counts sexual assault
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UPDATE, July 15, 2009: Bail lowered for ex-New Berlin student in Facebook coercion case

Bail was reduced Wednesday to $75,000 for the former New Berlin Eisenhower student accused of using the social networking site Facebook to coerce male schoolmates into sexual encounters.

Anthony R. Stancl, 18, will have additional conditions if he released from jail, Waukesha County Circuit Judge J. Mac Davis said.

An attorney for Stancl assured Davis that if Stancl is released from jail he will have adult supervision along with electronic monitoring with a GPS function.

Defense attorney Craig M. Kuhary asked Davis to lower Stancl's bail from $250,000 to $75,000. The parents were able to access $75,000 from their retirement account. They will also be required to pay the $20 per day cost for electronic monitoring, which they were able to secure through a private company.

Kuhary said Stancl would like to get his high school diploma, possibly from New Berlin West or Waukesha County Technical College.

Davis said he will allow Stancl to complete his education but he can be on school grounds only for scheduled purposes and with adult supervision.

He will be allowed to go to the homes of his grandparents in West Allis and Hartland, his attorney's office, police departments and court.

Stancl would not be permitted to use the library, access the Internet or possess a cell phone.

Judge J. Mac Davis does it again.
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Anthony Stancl, the former New Berlin Eisenhower high school student charged with "five counts of child enticement, two counts of second degree sexual assault, two counts of third degree sexual assault, possession of child pornography, the repeated sexual assault of the same child, and making a bomb threat," is seeking lower bail.

From the Milwaukee Journal Sentinel:

The former New Berlin Eisenhower student accused of using the social networking site Facebook to coerce male schoolmates into sexual encounters will remain in jail for now.

An attorney for Anthony R. Stancl, 18, asked Waukesha County Circuit Judge J. Mac Davis to lower Stancl's bail from $250,000 to $75,000.

The parents were able to access $75,000 from their retirement account, defense attorney Craig M. Kuhary said.

Kuhary said Stancl would like to get his high school diploma and he would have adult supervision at all times. The parents also will not have any computers in the home or any Internet access.

District Attorney Brad Schimel said the bail should remain at a high level because Stancl, if convicted, faces substantial time in prison.

Schimel said Stancl would be a flight risk.

Davis asked Kuhary to look into electronic monitoring with a GPS feature from a private vendor to increase the chance that Davis may let Stancl out of jail.

Davis said he isn't promising that electronic monitoring will be enough to convince him that Stancl could be let out of jail.

Stancl will be back in court on July 9 for a decision on bail.

I think it would be crazy to lower Stancl's bail.

Suddenly, Stancl is interested in getting his high school diploma, as opposed to allegedly blackmailing classmates into sex. Does he need that diploma so he can start applying to colleges? Really?

I think Stancl and his parents need to reassess his situation.

Anyway, I'm sure he can work on getting his diploma from jail.

He can probably even still volunteer for Obama from jail. He could stuff envelopes or something.

I don't buy that Stancl would have supervision at all times. What about at night? Will one parent stay up and guard him? Would they take shifts?

And I don't think that having no computers in his parents' home would guarantee that Stancl wouldn't have access to the Internet.

The charges are so serious that I don't think Stancl's bail should be lowered. He's an alleged sexual predator.

If Stancl were a 40-year-old man, I doubt that Waukesha County Circuit Judge J. Mac Davis would even consider lowering his bail.

Then again, we are talking about Judge J. Mac Davis, notorious for bad rulings.

He reduced the bail of Mark Benson from $1 million to $500,000.

Benson was charged in the traffic deaths of Jennifer Bukosky, her unborn child, and Courtney, her 10-year-old daughter; but Davis enabled Benson to walk out of jail.

Not surprisingly, Benson violated the conditions of his bail and he landed back in jail about one week later. The bail of this repeat offender should never have been reduced in the first place.

Davis should NOT make a similar mistake with Stancl.

Does Davis really want another stain on his record?

Judge J. Mac Davis: Another Bad Ruling

Judge J. Mac Davis has poor judgment.

He reduced the bail of Mark Benson from $1 million to $500,000.

Benson is charged in the traffic deaths of Jennifer Bukosky, her unborn child, and Courtney, her 10-year-old daughter.

Davis enabled Benson to walk out of jail.

Not surprisingly, Benson violated the conditions of his bail and now he's back in jail; but the bail of this repeat offender should never have been reduced in the first place.

Davis has added another bad ruling to his record.

From the Milwaukee Journal Sentinel:

A police officer who stops to assist a motorist on the side of the road and then discovers the driver is intoxicated can make an arrest even if the officer didn't observe unlawful driving, the state Court of Appeals ruled Wednesday.

The appeals court decision overturns a Waukesha County Circuit Court ruling that dismissed a charge of fifth-offense drunken driving filed against Lance F. Truax of Waukesha in July 2007.

The Appeals Court panel in Waukesha ordered that the criminal complaint be reinstated against Truax.

The Menomonee Falls officer who eventually arrested Truax had seen him abruptly pull his car onto the shoulder about 12:30 a.m. July 8, 2007, near the Davians Banquet Center on Silver Spring Drive.

Concerned that the driver might have a medical condition or a mechanical problem, the officer stopped and asked Truax if he needed help, court records say.

Truax told the officer he was looking for his girlfriend, who had been with Truax at the banquet center.

Then the officer smelled alcohol and asked Truax if he had been drinking. Truax, who had been sentenced on a fourth offense drunken driving seven months earlier, replied, "Yes, probably too much," court records state.

The officer conducted field sobriety tests and arrested Truax on suspicion of drunken driving.

Truax had a blood-alcohol level of 0.21, court records show. A level of 0.08 is considered legal evidence of intoxication for most adult drivers in Wisconsin, but people with three or more drunken-driving convictions are prohibited from driving with a level of 0.02 or higher.

After charges were filed, Truax filed a motion to suppress evidence obtained during the stop of his vehicle based on lack of reasonable suspicion.

Prosecutors argued that the officer did not need probable cause because the officer was acting in the capacity of a community caretaker - someone providing aid - when he discovered the driver had been drinking.

Waukesha County Circuit Judge J. Mac Davis ruled in favor of Truax, saying there was no objective evidence necessitating the officer to engage in a community caretaker function.

But the appeals court said Truax's abrupt departure from the road prompted the officer's concern about whether Truax's vehicle had experienced a mechanical problem or whether Truax himself had suffered from a medical condition.

The decision has been recommended for publication, which makes it a precedent for other cases.

What was Davis thinking?

He has remarkably poor judgment and endangers the public as a result.

Mark Benson's $1 Million Bail

From the Milwaukee Journal Sentinel:

Mark M. Benson's bail was raised to $1 million on Thursday, just more than a week after the former physician charged with driving intoxicated and killing three was returned to jail on allegations he violated the conditions of his bail.

Benson, 56, of Summit, had been released from jail Feb. 20, one day after his bail was reduced from $1 million to $500,000.

...Assistant District Attorney Kevin M. Osborne had requested that Benson's bail be increased to the amount originally set when Benson was charged in the April 25 crash that killed 39-year-old Jennifer Bukosky, who was pregnant, and her daughter, Courtney Bella.

Waukesha County Circuit Court Judge J. Mac Davis, who had lowered the bail in February, increased it to $1 million without comment during a short hearing Thursday.

Osborne also filed a motion last week seeking a court order that Benson be required to forfeit the $500,000 that was posted.

Davis postponed hearing arguments on that motion until May 8 because Benson's mother and her husband, who posted the bail, were not able to attend Thursday's hearing.

It's highly unlikely that Benson will post bail. He'd have to put up $1.15 million.

I can understand why the judge postponed hearing arguments on the motion requiring Benson to forfeit the $500,000, since his parents weren't there.

I wonder why his parents weren't able to attend.

Davis has made some very poor judgments in this case. He never should have reduced Benson's bail.

I think Davis would be making yet another mistake if he returned the $500,000 to Benson's parents. Davis would be undermining the system.

Laurel Walker: Mark Benson, Bail, and his Mother

Laurel Walker, the Milwaukee Journal Sentinel, seems to be arguing that Mark Benson should not have to forfeit the $500,000 for violating the conditions of his release.

In "If bail's forfeited, Benson will burn mom, too," Walker writes:

Who needs Bernie Madoff in charge of your money when you've got a son like Mark Benson who can blow the wad?

Benson, the former orthopedic doctor charged with driving intoxicated and killing three and injuring two in an Oconomowoc crash last April, might just have added his mother and stepfather's $500,000 to the toll of damage.

The cash they posted as bail so he could await trial in the comfort of his $1.6 million property on Lower Nashotah Lake in Summit will be forfeited if prosecutors have their way.

I hope prosecutors have their way.

THEIR way is the rule of law.

Benson's relatives in Florida who posted bail - I'm guessing they might even secretly be wishing Davis hadn't lowered that bail in the first place - want to appear at a hearing on whether their cash should be forfeited. It was initially scheduled for Thursday but is expected to be rescheduled.

Benson's mother and stepfather were chumps to post bail. It could be argued that they facilitated their son's dangerous behavior by helping him to walk out of jail. Big, BIG mistake.

I don't see them as victims.

I think a little tough love for the alleged killer of three people was in order.

Benson's parents dropped the ball. They can blame themselves and Benson for the loss of the $500,000, no one else.

If they don't lose the full sum, then what's the point of setting bail?

Judge J. Mac Davis

Waukesha County Circuit Judge J. Mac Davis really screwed up when he reduced Mark Benson's bail from $1 million to $500,000.

That move enabled Benson to walk out of jail. Naturally, Benson violated the conditions of his bail.

From the Milwaukee Journal Sentinel:

A tip from a delivery service driver that Mark M. Benson was receiving a parcel from a pharmaceutical company in Florida led to Benson's arrest Tuesday and return to the Waukesha County Jail for violating conditions of his bail, a prosecutor said Wednesday.

Authorities searched Benson's home about 6 p.m. Tuesday, seizing controlled medications and three handguns, three rifles and in excess of 20,000 rounds of ammunition, Assistant District Attorney Kevin M. Osborne said.

Benson, the former physician charged in the April 25 traffic deaths of a popular Oconomowoc educator, her unborn child and her 10-year-old daughter, was charged with two counts of felony bail jumping Wednesday for violating the conditions of his bail.

Under the terms of his bail, Benson was not allowed to obtain prescription drugs from more than one pharmacy, and he was not permitted to possess firearms.

Waukesha County Circuit Judge J. Mac Davis ordered Benson held on $150,000 bail in the new case.

What's with the $150,000 bail?

It doesn't appear that Davis wants to keep Benson off the streets.

It's time for Davis to grow a spine.

...The Waukesha County Metro Drug Enforcement Group executed a search warrant at Benson's Summit home after the delivery driver called authorities about the package addressed to Benson from Palm Beach Pharmaceuticals in Palm Beach Gardens, Fla.

The driver knew Benson had been charged with homicide by intoxicated use of a vehicle and allegations were that Benson was impaired on prescription drugs when the crash occurred, the criminal complaint says.

Kudos to that delivery driver for being aware and getting involved. The driver is doing more to protect the community than Davis is.

...In the latest case, authorities determined that Benson already has had prescriptions filled at an Oconomowoc pharmacy.

Based on that, investigators obtained a warrant to search the package before it was delivered.

They found multiple bottles, some of which contained testosterone propionate, testosterone cypionate and stanozolol, all of which require prescriptions, the complaint says.

The substances are steroids.

The package then was delivered to Benson, who was taken into custody, the complaint says.

The drugs are non-narcotic, Osborne said, but nonetheless, Benson violated the bail condition that requires him to obtain all prescriptions from the same pharmacy.

Davis revised Benson's bail conditions, among them that Benson can get prescriptions only from the Oconomowoc pharmacy, The Prescription Center, and he can use only a prescription issued by an authorized prescriber in Wisconsin.

...Osborne said he plans to file a motion concerning Benson's $500,000 bail in the homicide case.

He said he could ask a judge to require Benson to forfeit the bail because of violations or increase the bail, or both.

I hope that Osborne asks Davis to require Benson to forfeit the $500,000 bail AND increase the bail.

Benson belongs in jail.

How many does times does this repeat offender need to repeat again before Davis determines that it's in the public's interest for Benson to be kept off the streets?

How many more people does Benson have to kill?
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Read the criminal complaint.

Mark Benson Goes to Jail -- Again

UPDATE, March 26, 2009: Benson bail upped to $1 million
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When I heard that Waukesha County Circuit Judge J. Mac Davis had lowered alleged murderer Mark Benson's bail, I was thoroughly disgusted.

Waukesha County Circuit Judge J. Mac Davis reduced bail after Benson's attorney filed a motion seeking to modify it. Davis said $500,000 remained a substantial sum to ensure Benson would show up for court proceedings if he were released.

Benson must adhere to several restrictions placed on him by the court. He is prohibited from possessing or consuming alcohol or drugs and from having contact with the family of the victims. Any prescriptions must be filled at a single pharmacy and the drugs taken as directed by a physician. Another condition of his release limits his travel to adjacent counties.

As soon as I learned that Benson had posted bail, I feared for the safety of the community.

I knew that he couldn't be trusted.

OF COURSE Benson didn't adhere to the conditions of his release.

Anyone who thought he would is a fool.

Thank God Benson is back in jail before he could injure or kill another person.

From the Milwaukee Journal Sentinel:

Mark M. Benson, the former physician charged in the deaths of a popular Oconomowoc educator, her unborn child and her 10-year-old daughter, is back in the Waukesha County Jail after authorities searched his home Tuesday night and seized controlled medications, among other items, the Waukesha County Sheriff's Department said this morning.

Benson had been freed from the jail on $500,000 bail Feb. 20, days after a judge reduced his bail from $1 million.

Sheriff's Detective Steve Pederson said the Waukesha County Metro Drug Enforcement Group executed a search warrant at Benson's Summit home about 6 p.m. Tuesday.

Pederson said he could not say what prompted authorities to seek the search warrant.

Benson is scheduled to be in court at 1:30 p.m. today for a hearing related to his bail.

If Benson is allowed to walk out of that courtroom and not walk right back in to a jail cell, it will be a mistake of mammoth proportions.

Freeing Benson would create a clear and present danger to the public.

He has taken the lives of three people already. Right now, it's not safe for him to be anywhere but a jail cell.

Video.



UPDATE: Benson back in jail after delivery driver tells of drug shipment

Mark Benson and Ambien

Ambien is a medication for treating insomnia.

You take it to help you sleep. It's a horrible and ineffective drug; under no circumstances do you take it when you're going to be driving. That is the height of irresponsibility.

It sickens me to think that DOCTOR Mark Benson had a high amount of Ambien in his system when he killed Jennifer Bukosky, her daughter Courtney Bella, and her daughter Sophia.

From the Milwaukee Journal Sentinel:

Mark M. Benson was driving while impaired by a significant level of the sleep aid Ambien last month when his SUV slammed into a car and killed Jennifer Bukosky, her unborn child and her 10-year-old daughter, Courtney Bella, a prosecutor contended today.

A crime lab report submitted as evidence during Benson's preliminary hearing this morning showed he had Ambien; Xanax, which is used to treat anxiety; and oxycodone, a painkiller, in his system when his SUV slammed into Bukosky's car April 25 at a traffic signal in the northbound lane of Highway 67 at Pabst Road in Oconomowoc.

"We obviously think he was impaired.... The one in particular that we believe to be a high amount is the Ambien. They're all significant, but we believe that to be a very high result for the Ambien," Assistant District Attorney Kevin M. Osborne said after Benson's preliminary hearing.

...Benson, 55, of Summit had prescriptions for the medications.

...The crime lab report submitted in court today showed no evidence of alcohol in Benson's system. Benson's blood was drawn on the day of the accident and sent to the crime lab by Oconomowoc police for testing.

Benson was driving with Xanax, oxycodone, and high levels of Ambien in his system at 3:30 in the afternoon when he plowed into Jennifer Bukosky's car.

This doctor knows that he wasn't in any condition to drive.

Having prescriptions for medications doesn't mean that an individual is using the medications legitimately. Obviously, DOCTOR Benson was not.

The fact is he was a known threat, a repeat offender, and he was on the road.

Something has to be done to protect the public. Lawmakers must take action.

Mark Benson and other Murderers

It took three deaths, Jennifer Bukosky, her daughter Courtney Bella, and her unborn daughter Sophia, for some lawmakers, Governor Jim Doyle, and some Wisconsin residents to say, "No more."

From the Milwaukee Journal Sentinel:

Reacting to a fatal crash that is shining new attention on the state's drunken driving laws, Gov. Jim Doyle said Wednesday that a third conviction for intoxicated use of a vehicle should be made a felony, and a bipartisan group of legislators called for tougher penalties for repeat offenders.

The statements came in response to an accident April 25 in which Jennifer Bukosky, 39, her unborn child and 10-year old daughter, Courtney Bella, were killed when a sport utility vehicle slammed into the rear of their car.

Mark Benson, a former surgeon who faces three counts of homicide by intoxicated use of a vehicle, was under the influence of pills, authorities say. Two days before the accident, Benson stood before a Waukesha County judge on a third drunken driving offense.

Benson has a history of drug and alcohol abuse dating back to at least 1993, according to court records.

He was sentenced on April 23 to 75 days in the county's work release jail, but was given until May 9 to report there, with orders not to drive in the meantime.

"Since my days as a prosecutor, I have pushed for tough drunken driving penalties. A third offense should be a felony. The only way to protect the public from multiple offenders is to keep them off the streets," Doyle, the former attorney general, said Wednesday in a statement.

Also Wednesday, four legislators - two Republicans and two Democrats - called for revocation of driving privileges and confiscation of vehicles for people convicted of a third offense of driving under the influence.

They also said the law should prevent an individual convicted of a third offense from getting behind the wheel of a vehicle again by sending the person directly to jail.

"Just turning up the heat on our current DUI penalties a little more won't do it," Rep. Bob Ziegelbauer (D-Manitowoc) said.

"Immediate, permanent confiscation of the vehicle, any vehicle driven after a revocation by multiple DUI offenders will be the kind of game changer we need."

The group of legislators included Rep. Joel Kleefisch (R-Oconomowoc), whose district includes the crash scene, and who is chairman of the Assembly Criminal Justice Committee.

...The legislators, including Sens. Jeff Plale (D-South Milwaukee) and Alberta Darling (R-River Hills), said they plan to begin drafting the legislation while working closely with members of the Bukosky family, who are expected to testify in favor of the bills when a hearing is scheduled.

Wisconsin is far too lenient when it comes to punishment for the intoxicated use of a vehicle.

The current law has repeat offender built into it. Five strikes is ridiculous.

Seizing cars and jailing offenders is costly. So what?

If that's what it takes to ensure the public's safety, then that's what it takes.

Locking up Mark Benson is not enough. What we need is change.

...[Waukesha County District Attorney Brad] Schimel said he doesn't disagree with making third-offense drunken driving a felony, but said Wisconsin taxpayers need to recognize that it will require more resources.

...Schimel contends that the focus should be on prevention and treatment.

I agree with Schimel that prevention and treatment is important.

But it's not wise to gamble on hoping that offenders are treated successfully. It's a risk to assume they've managed to change their habits.

They're a deadly threat to innocents, like Jennifer Bukosky and her two daughters.

When it comes to prevention of such tragedy, it means taking the potential killers off the street.

No excuses.

Lawmakers need to enact legislation that protects the public from these repeat offenders. They can save lives.

Michael Bukosky Mourning the Loss of THREE Lives

From the Milwaukee Journal Sentinel:

As students mourned Sunday at the scene of a traffic accident that killed a pregnant school administrator and her daughter, the driver of the other vehicle was identified as a former physician who has been convicted three times of driving under the influence - with the third conviction and license revocation coming two days before the fatal crash.

The Waukesha County Sheriff's Department said Mark M. Benson, 55, of the Town of Summit, was being held at the county jail and is expected to make an initial appearance today in Waukesha County Circuit Court.

The likely charges are homicide by intoxicated use of a vehicle and causing injury by intoxicated use of a vehicle, although those could change, sheriff's Lt. Paul Renkas said.

This former physician was convicted THREE times of driving under the influence, the most recent being just two days before he got behind the wheel of his Cadillac Escalade and killed.

Benson's license was revoked!

This man is a murderer.

...[Jennifer] Bukosky, 39, of the Town of Oconomowoc, was pronounced dead at the scene. Her 10-year-old daughter, Courtney Bella, died Saturday from her injuries. Bukosky's son, Zachary Bella, 12, was released from a hospital Friday after being treated for his injuries. Another girl in Bukosky's car, whose identity has not been released, remained hospitalized Sunday.

...Jennifer Bukosky's husband, Michael Bukosky, said on Sunday that the tragedy took not two but three lives from his new family: his wife, Courtney and Sophia, who was due to be born June 3 but died as a result of her mother's injuries.

"I met her for the first time today. She has her mother's lips and my nose and a head of blond hair," Bukosky said while struggling not to weep.

To recognize Sophie's life at the visitation, the tiny baby will have her own casket. Mother and daughter will then be buried together, Bukosky said.

My heart breaks for Michael Bukosky.

He lost his wife, his daughter Courtney, and his daughter Sophia.

I couldn't read of Michael meeting his baby daughter for the first time without tearing up.

Obviously, unborn doesn't mean unloved.

His loss is so great.

His life and so many others have been ripped apart because Benson was driving when he shouldn't have been.

I pray for for all those affected by Benson's crime.