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Benson prison sentence reduction denied

Melissa McCrady and the WTMJ News Team

Benson prison sentence reduction denied

CREATED Jun. 8, 2011

WAUKESHA - A former physician's attempt to get a few years taken off of his prison sentence has been denied.

A judge's denial against Mark Benson's request to shorten his 30-year sentence happened at a motion hearing held for him in Waukesha.

"I asked for a re-sentencing, not a withdrawal of the plea," said Jerome Buting, Benson's defense attorney.

He pled guilty to driving intoxicated (while on prescription drugs) and causing a crash which killed educator Jennifer Bukosky, her 10 year old daughter and the child with whom she was pregnant.

His attorney argues that Benson took less Ambien than was presented at sentencing, making the 58-year-old Benson appear to be more reckless than he was.

Judge J. Mac Davis said the exact amount did not matter.  What mattered to him was that Benson was high enough to crash into a stopped car in broad daylight and kill three people.

"The aggregating factor here is that he didn't brake, not at all, not a little bit, and the car he hit had been stopped at a red light," said the judge.

Bukosky's family was in court and was relieved by the judge's ruling.

"It picks a scab every time we have to come back here, so I would like to finish this up," said Judy Jenkins, Bukosky's mother.

"I would like to finish this up, let him appeal it and let's be done with it so everyone can move on."

Benson's attorney plans to file an appeal within the next 20 days.