Judge denies motion to give son of ex-Giant stiffer sentence

Somerset County Superior Court Judge Robert Reed denied a motion seeking to give Clint Benson a tougher sentence.

SOMERVILLE -- Somerset County Superior Court Judge Robert B. Reed denied a motion Friday by Assistant Prosecutor Frank Kolodzieski seeking to give Clint Benson a custodial sentence for a 2013 incident in which he fled the scene after striking a man from behind with his pickup truck.

On April 12, Reed sentenced Benson, son of former N.Y. Giant Brad Benson, to three years probation for the incident that left Richard Lachner of Flemington with a fractured skull and internal injuries.

Clint Benson, 24, was also sentenced to 364 days in the Somerset County Jail, but the first date he would have to serve is 18 months from now. If he complies with the conditions of his probation, he could avoid any jail time.

Assistant Prosecutor Frank Kolodzieski

Reed insisted he didn't afford Clint Benson any preferential treatment because of his famous father, adding he wasn't moved by the presence of five uniformed Branchburg police officers sitting in the front roll. 

Kolodzieski said he asked the officers to be present.

"Let me address the 800-pound gorilla in the room," Reed said. "I don't care who Brad Benson is. (Clint Benson) comes to this courtroom as any of the thousands of defendants who have appeared before me in the last 12 years. I try to give all of them a fair hearing regardless of their status."

Reed insisted that the 364-day jail sentence he imposed was custodial, but Kolodzieski argued that it wasn't because Benson has "a way out." Kolodzieski argued that Lachner was badly and purposefully injured by Benson and, by law, the judge had to impose a custodial sentence.

Reed countered that he did impose a custodial sentence. It just doesn't immediately go into effect.

"I disagree, your honor," said Kolodzieski, who in his motion said that Lachner is upset that Benson didn't receive a custodial sentence.

The judge repeated that he based his sentencing on the fact that Clint Benson has matured and is not the same person he was three years ago, complied with the terms of his modified bail, had no previous convictions and is unlikely to commit such an offense again. The judge also pointed out that Lachner has settled a civil  suit he filed against Benson.

Son of ex-Giant gets probation

The judge said he would only change a sentence if he felt his reasoning was based on incorrect logic, or if he was presented with new information or evidence. He said the state's case had no bases in logic or law and delays in defendants serving custodial sentences are routine in cases such as of pregnancy, defendants being allowed to finish their college degree, defendants getting married and defendants burying a loved one.

Nonetheless, Kolodzieski argued that Benson's post-offense conduct doesn't outweigh the damage he did to Lachner, who suffered internal injuries, a fractured skull, face lacerations, a broken hand and cuts in the incident.

In his impact statement, Lachner said he still feels the affects of the incident and his dreams of becoming a U.S. Marine and firefighter have been derailed.

Kolodzieksi tried to enter new photos into evidence and offered to have Lachner's attorney, Robert Ballard, speak, but the judge refused to consider both requests.

Clint Benson entered an open guilty plea on Feb. 1, 2016, to third-degree assault by auto, fourth-degree possession of hollow-point bullets, possession of drug paraphernalia and several motor-vehicle offenses. The open guilty plea meant the judge's discretion during sentencing will not be limited by the plea agreement.

He was facing a maximum of seven years on the criminal charges under the plea agreement. Had he gone to trial, he was facing a maximum sentence of 26 years in prison if found guilty on all criminal charges.

Clint Benson was accused of hitting Lachner with his Nissan Frontier pickup around 3 a.m. on St. Patrick's Day, March 17, 2013, on Woodfern Road in Branchburg.

The hit-and-run incident occurred after Lachner confronted Clint Benson, who was sitting in his truck, about his reckless driving, authorities have said. As Lachner was walking back toward the Neshanic Inn, Clinton Benson reportedly struck him from behind with his pickup truck and continued driving south on Woodfern Road, authorities have said.

Clinton Benson was discovered a short distance away after he crashed his vehicle into a guardrail, leaving the truck inoperable. Prosecutors have said his blood alcohol content was 0.20 percent, more than twice the legal limit.