Rains pleads no contest in Benzon death
Other counts dropped in exchange
By Bobbi Mlynar
Monday, April 23, 2007
On the day a jury trial was to have begun, defendant Matthew L. Rains pleaded no contest to a charge of involuntary manslaughter while driving under the influence of alcohol or drugs. The plea came Monday morning before Administrative Judge Merlin Wheeler in Chase County District Court in Cottonwood Falls. The change from trial to plea hearing was made on the court docket last week.
Rains was charged in the death of James Fredrick Benzon, 37, of Cottonwood Falls. Benzon had been walking south on Highway 177 between Cottonwood Falls and Strong City when the pickup truck Rains was driving crossed the center line and struck him. The accident happened at 2:58 a.m. on Sept. 16.
In addition to the manslaughter charge, Rains also had been charged with driving under the influence of alcohol or drugs, with one prior conviction for DUI, a nonperson Class A misdemeanor; reckless driving "with wanton disregard for the safety of persons or property"; transporting an open container of liquor accessible to the driver; leaving the scene of an injury accident; and obstructing official duty of Chase County Sheriff Richard Dorneker. Those charges were dropped in exchange for the no-contest plea.
"In return for the defendant's plea of no contest to Count one ... the state has agreed to dismiss the remaining charges," said Chase County Attorney William P. North.
The Tender of No Contest from Rains was signed April 17.
Before agreeing to the arrangement, Wheeler spent time questioning Rains to ensure that the defendant fully understood the elements of the charge and the implications of his plea. Wheeler asked if he had discussed this fully with his attorney, Clark Allemang of Emporia, and was thoroughly familiar with several sections of the plea that would have long-term effects on the case. Rains responded that he had.
Wheeler told Rains that he would give up six Constitutional rights as a result of pleading no contest. A right to a speedy trial, cross examination of witnesses, testifying on his own behalf, and the right to appeal were among the rights Rains conceded in the plea.
"Do you understand that you will be giving up those rights as described in this document?" Wheeler asked.
Rains indicated that he understood.
Rains could face between three years and two months in prison to 14 years and four months in prison, a fine up to $300,000, or both. Sentencing will be based on Rains' criminal history score, which will include prior convictions or adjudications, including juvenile records.
Wheeler said that he could not predict the length of sentence or whether Rains will be eligible for any reduction or probation. Probation is the sole discretion of the sentencing judge.
"I would have to find substantial and compelling evidence to do that," Wheeler said, telling Rains that he would be responsible for providing evidence to support a lesser sentence.
Before accepting Rains' plea, Wheeler asked North if there would have been testimony in addition to the information already filed in the case.
North said that the prosecution would have presented blod test results from the Kansas Bureau of Investigation laboratory showing a blood-alcohol content of .24 two hours after the accident. A BAC test of .08 is the minimum alcohol content for a DUI.
Wheeler said that he had read all of the documents submitted in the case.
"There is a factual base that would support a finding of guilty," Wheeler said, accepting the no-contest plea and dismissing Counts 2 through 6.
He ordered a pre-sentence investigation and told Rains that he would continue under house arrest and to report to Court Services.
Wheeler told Rains that he could describe his version of the event to submit to the court.
"I encourage you visit with your attorney and make the decision," Wheeler said.
Sentencing will be at 1:15 p.m. on June 20 in Courtroom 3 of the Lyon County Courthouse in Emporia. Because of interest in the case, sentencing will be in Emporia to accommodate the crowd anticipated.
Chase County District Court temporarily will move out of the Chase County Courthouse temporarily while restoration work is done on the historic building.