VIRGINIA BEACH, Va. — Charges against a Kempsville High School assistant principal and his brother for alleged threats made against Immigration and Customs Enforcement (ICE) officers have been dropped by the Virginia Beach Commonwealth's Attorney.
The motion to "nolle prosse" all charges against Mark Bennett, 59, and John Bennett, 54, on leave from his role as an assistant principal, was heard Thursday afternoon at the Virginia Beach Courthouse at 2 p.m.
Police previously confirmed the Bennetts are brothers, and News 3 also confirmed John Bennett is employed as one of Kempsville High's assistant principals. John was placed on leave following his arrest, according to Virginia Beach City Public Schools.
In court on Thursday, their charges were dismissed without prejudice, which means the charges could be refiled in the future. Something John's attorney is confident won't happen.
"There's absolutely no reason to believe that this is coming back. They did an extensive one month investigation with phones and computers and there's no evidence. We wish they would've agreed to a dismissal with prejudice," Paulding said.
The Bennetts were initially charged with one count of conspiracy to commit malicious wounding after they were allegedly overheard speaking about ICE officers, according to police.
"They did nothing wrong," said counsel for the Bennetts. "This dismissal reflects what we have maintained from the beginning — that the facts did not support criminal charges."
John Bennett said in a statement read by his attorney Kristin Paulding, "We are so grateful for the wonderful expressions of support that we have received. We must now attempt to begin the process of healing from this trauma."
News 3 previously obtained the criminal complaint outlining the alleged conversation between the brothers that led to their arrests.
On Saturday, Nov. 15, an off-duty Norfolk police officer was having lunch at a Virginia Beach restaurant at the same time as the Bennetts, the complaint says. The officer claims he overheard the brothers talking about “how ICE agents are kidnapping individuals and that they needed to do something about it.”
During the conversation, Mark Bennett allegedly told his brother he was going to fly to Las Vegas to meet with likeminded people and return with “enforcement ideas and plans.” He also said he recently bought an assault rifle, the complaint states, because “it utilizes the explosive rounds that are needed to penetrate the vests.”
After further investigation, the following facts contributed to the dismissal of the charges, according to the CA's office:
- The wife of the police officer who allegedly heard the conversation was not able to corroborate his account.
- The Bennetts had not purchased any guns or assault rifles.
- The Las Vegas trip discussed was for Mark Bennett to attend a Formula One race with his son.
- The Bennetts had discussed plans to go hunting, and how assault rifles should not be used to hunt animals because you cannot use the meat. John Bennett was a former police officer who had mentioned he had seen assault rifles fired into bulletproof vests.
- There was no evidence on either of the men's cell phones or other electronics stating that they had any intention to injure or kill ICE agents.
The CA's office met with VBPD and the Department of Homeland Security, ultimately determining that there was no evidence other than the police officer's account, which could not be corroborated.
John's attorney Kristin Paulding said both brothers have been on house arrest for the last month, and now the next step is reacclimating the two back into their lives, starting with getting the brothers' property back like cars, computers, and phones, and working to get their ankle monitors off.
Virginia Beach Police issued a statement following the dismissal of charges:
The Virginia Beach Police Department (VBPD) received information indicating a direct and imminent threat of violence against federal agents and law enforcement officers. Initial investigative efforts by VBPD and federal authorities revealed facts that appeared to corroborate the legitimacy and immediacy of this threat. Following a detailed review by the Commonwealth Attorney’s Office, the available evidence was presented to a Virginia Beach magistrate, who found sufficient probable cause to issue warrants. As additional investigation has now cast sufficient doubt to warrant dismissal of the charges, the VBPD commits to remain vigilant in promptly and completely addressing threats of violence. This case is reflective of the high-stakes environment in which criminal justice personnel must make difficult, timely decisions when facing today’s possibility of political violence and mass shootings, such as the recent ones in Australia and at Brown University.
