VIRGINIA BEACH, Va. — A motion to drop charges against a Kempsville High School assistant principal and his brother for alleged threats made against Immigration and Customs Enforcement (ICE) officers was filed by the Virginia Beach Commonwealth's Attorney, according to Sheppard & O'Brien Law Firm, which represented both defendants.
The motion to "nolle prosse" all charges against Mark Bennett, 59, and John Bennett, 54, on leave from his role as an assistant principal, will be heard at the Virginia Beach Courthouse Thursday at 2 p.m. WTKR News 3 will have a reporter at the hearing.
The Bennetts were initially charged with 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."
Watch previous coverage: Kempsville High asst. principal, brother overheard discussing violent threats against ICE agents: Docs
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.
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.”
