Mark Benson pleads guilty to assault

EPHRATA - Mark L. Benson pleaded guilty to shooting his then-wife in the shoulder as she was leaving Pioneer Memorial Gardens.

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.

Benson faces a sentencing range of seven years and nine months to 10 years and three months. Prosecutors plan to request eight years and four months in prison, according to court records.

Prosecutor Angus Lee said when prosecutors filed the initial charges they were based on the information available at the time. After further consideration, he determined limited evidence existed establishing the premeditation necessary for attempted murder in the first degree.

"(Attempted murder in the second degree) has almost an identical sentencing range with first degree assault," he said. "Mr. Benson did take responsibility for shooting her because that's what assault in the first degree is, it's assault with a firearm."

The victim agreed with the change, Lee said

The victim, Susan Benson, said she's trying to rebuild confidence in the community.

"I'd rather have him in for 100 months than out on the street next week," she said.

The shooting took place after the victim spotted Mark Benson walking toward a maintenance building at the cemetery, when she was leaving the bathroom. The two were getting divorced at the time, according to a Grant County sheriff's report.

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

When she drove away, Mark Benson shot 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.

Mark 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.