Charges dropped in postal shooting case
Charges were dismissed against two brothers accused in connection with the shooting of a letter carrier earlier this month after video showed one of the men in court at the time of the shooting.
U.S. Magistrate Judge Dave Whalin dismissed the Feb. 16 criminal complaint against Marcus Bennett late Thursday and his brother Eric Bennett on Friday afternoon. Both have been released from federal custody.
That complaint alleged Eric Bennett shot mail carrier Da'Ron Lester during his daily route around 10:30 a.m. Feb. 10, and that Marcus Bennett was a passenger in the car from which Lester was shot. It further alleged Lester delivered packages of illegal drugs to Marcus Bennett while on his route but that Bennett believed Lester recently stole one of those packages.
Adel Valdes, the postal inspector who wrote the criminal complaints, declined to comment and cited the ongoing investigation.
Video from Feb. 10 captured in Jefferson Circuit Court shows Marcus Bennett sitting in a courtroom – for a jury trial in which he was the defendant – between 10:22 a.m. and just before noon, as well as for part of the afternoon.
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A man appearing to be Eric Bennett also appears in the video starting around the timestamp of 11:24 a.m.
Prosecutors filed motions late Thursday to dismiss the charges ahead of a Friday afternoon detention hearing for both suspects. They said in their motion that the charges were dismissed “for the reason that the federal criminal investigation is ongoing and will not be completed within the thirty-day period required for the filing on an Indictment. …”
The courtroom video was not mentioned in the prosecution's motions.
The men had been charged in U.S. District Court with assaulting a federal employee and discharging a firearm during the commission of a violent felony. Those charges were dismissed without prejudice, meaning prosecutors could charge either brother again on the same grounds.
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Rob Eggert, Eric Bennett's attorney, said he appreciated the government's prompt action in dismissing the charges.
The U.S. Postal Inspection Service, the federal law enforcement arm of the postal service, continues to investigate the case. The Bennett brothers are still considered "persons of interest," said Stephanie Collins, a spokeswoman for the U.S. attorney’s office in Louisville.
Lester, a three-year veteran of the USPS, was taken to the hospital from the shooting location in the 800 block of Dearborn Avenue in the Chickasaw neighborhood. He was shot multiple times, but is expected to survive his injuries. No charges have been filed in regards to the allegations in the now-dismissed criminal complaint.
Assistant U.S. Attorneys Scott Davis and Marisa Ford prosecuted the case.
Reporter Matthew Glowicki can be reached at 502-582-4989 or mglowicki@courier-journal.com.