Phoenixville man facing gun charges waives hearing
WEST CHESTER — The Phoenixville man charged with bringing a loaded handgun into the Chester County Justice Center waived his preliminary hearing Tuesday. His lawyer blamed the incident on “a stupid mistake.”
Brian Benjamin, 42, is charged with misdemeanor counts of carrying an unlicensed firearm and possessing a firearm in a court facility. He is being held in Chester County Prison in lieu of $100,000 bail.
A freelance photographer and graphic designer, Benjamin was arrested last week when a security officer at the Justice Center noticed the image of a handgun inside a briefcase as it passed through the monitoring station. A .45-caliber, semiautomatic found inside the case was loaded with eight rounds of ammunition, court officials said.
Benjamin was on his way to a scheduled support hearing at the Domestic Relations Office with the mother of his daughter.
Attorney John Neumann Hickey of Media, representing Benjamin, said after the hearing that his client would likely plead guilty in the case and that his goal now is to convince a Common Pleas Court judge to lower Benjamin’s bail. Magisterial District Judge Mark Bruno, who set the bail on May 19 and was to preside over a hearing in the case Tuesday, declined Hickey’s request.
“We don’t dispute the fact that this happened,” Hickey said in an interview after the hearing. “We are interested in a resolution in which he will take responsibility for his actions.”
Normally, first-time offenders charged with a nonviolent misdemeanor offense might be accepted into the county’s Accelerated Rehabilitative Disposition program, which would not require a prison sentence and would allow them to have their record erased after probation, but Hickey sounded doubtful he would be able to win entry into that program for Benjamin.
“The problem we face is that this looks worse than it is,” Hickey said. “A man brings a gun into a courthouse on his way to a domestic relations hearing; it sounds very sinister when in fact it is not. When you sit down and talk with him, you see it was just a stupid mistake.”
Hickey said Benjamin had been on his way to the hearing where his ex-girlfriend and her attorney wanted to set a schedule for child support payments. Benjamin, who according to court records has gone through financial problems recently, told Hickey he had assembled a thick file of tax returns and financial statements.
He told Hickey he stuffed those records into a briefcase that also contained a Springfield 1911 handgun that he had forgotten about.
Benjamin “was as surprised as anyone when it came up on the monitor,” Hickey said.
When Benjamin passed through the security station at the building entrance about 10:55 a.m., he placed the briefcase on the X-ray machine’s conveyor belt. On a monitor, Security Officer Donald Erdman saw what appeared to be a handgun inside the briefcase as it passed through the machine.
According to reports, Erdman then notified Deputy Sheriff Steven Sibbett, who approached Benjamin and asked if he was a law enforcement officer or had a permit to carry a concealed weapon. Benjamin replied that he did have a permit but that he had left it at home.
The criminal affidavit filed against Benjamin indicates he also checked his wallet to see if he had the permit with him. He did not.
Benjamin said he had received the permit in Chester County. While another deputy detained Benjamin at the entrance, Sibbett went to the county Sheriff’s Office on the first floor of the Justice Center and asked the deputy in charge of firearm license records to check for Benjamin’s permit.
A review of the records showed that Benjamin lacked a valid permit.
Benjamin was then handcuffed, taken to the sheriff’s lockup and charged after being interviewed by the Chester County detectives.
Hickey acknowledged that Benjamin lacks a current license to carry a concealed weapon as is required but may have had one in the past and let it expire.
Hickey also maintained no animosity exists between Benjamin and his ex-girlfriend. He said tthe couple shared joint custody of their daughter for seven years and never had any problems about custody or support.
At the waiver of his preliminary hearing Tuesday, Benjamin was accompanied by relatives who visited the Justice Center in his support, Assistant District Attorney Megan Kampf, who was prosecuting the case, said.
Hickey said his client would be unable to post the required $100,000 bail and noted the sentence in a case such as this is typically probation or a month in prison.