Convict pleads not guilty to recent assault report

Published 9:41 am Tuesday, May 14, 2013

An Austin man pleaded not guilty in Mower County Court last week to charges that he assaulted two people and threw a 45-pound statue at one of them.

Troy Lester Benner, 39, pleaded not guilty to felony assault with a dangerous weapon, domestic assault by strangulation, and two gross misdemeanor counts of fifth-degree domestic assault.

Police went to the 1000 block of 12th Avenue Southwest at 8:51 p.m. April 27 for a hit and run. When they arrived, they spoke with a woman and man who described the alleged assault. The woman said Benner had been drinking, and she reportedly tried to take his keys to prevent him from driving. According to the court complaint, Benner threw the man onto a bed and then to the ground.

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The victims say Benner then spit food at them and struck the man and tried to strangle him. The woman said she was pushed out of the way and fell during the scuffle. Benner then allegedly grabbed a 45-pound statue and threw it toward the ground. The male victim said the statue struck him in the chest, According to the court complaint.

Benner then ran from the house, slammed the door and broke the latch and glass, the victims added.

According to court documents, Benner has had a history of alcohol abuse and psychological complications. He was sentenced to prison time in 1998 for stabbing a woman several times, for which he was convicted of third-degree attempted murder. Benner was also convicted of terroristic threats in 2010, violating terms as a predatory offender in 2009 and domestic assault in 2008, among other convictions.