Benson sentenced to 8.5 years for shooting

EPHRATA - Mark L. Benson will serve eight-and-a-half years in prison for shooting his then wife in the shoulder last September.

Benson, 56, pleaded guilty to assault in the first degree in Grant County Superior Court.

Prosecutors lessened the charge from attempted murder in the first degree as part of the plea agreement.

Prosecutor Angus Lee said in a previous interview the initial charges were made based on the information available at the time. After more consideration, he determined limited evidence existed to establish the premeditation necessary to prove attempted murder in the first degree.

Attempted murder in the second degree has an almost identical sentencing range, Lee said; adding the victim agreed with the change in the charge.

Benson had no prior convictions, and faced a sentencing range of seven years and nine months to 10 years and three months, according to court records.

Grant County Superior Court Judge John Antosz added two months to the prosecutor's initial recommendation of eight years and four months in prison.

The victim, Benson's soon to be ex-wife, spotted Benson walking toward the maintenance building at a cemetery when she was leaving the bathroom, according to a Grant County sheriff's report.

The couple owned a funeral home.

After getting into her car and starting to pull away, she decided to see what Benson wanted and drove around the building, according to the police report. After approaching in the vehicle, Benson asked her to reconsider their separation and she refused.

When she drove away, Benson shot at her, hitting her in the shoulder, according to the police report. She told police she believed it was a .32 caliber pistol.

She drove away from the scene and called 9-1-1 as she was heading to the hospital, according to the police report. Police found five or six bullet holes in the driver's side door.

Benson contacted 9-1-1 after the shooting, telling the dispatcher he heard about the shooting and wanted to find out his wife's condition, according to the police report. Police set up a meeting and arrested him. He continued to ask about his wife at the meeting.