DA: Not enough proof for charge
Attempted murder charges will not be filed against the Orland man accused of assaulting a police officer last week during a reported struggle for the officer's gun — at least for now.
"If I get additional evidence that supports greater charges, I will amend the charges at that time," Glenn County District Attorney Robert S. Holzapfel said.
Justin Bentley, 29, faces a felony charge of battery on a peace officer causing injury and a misdemeanor count of driving under the influence of alcohol.
Bentley entered "not guilty" pleas Friday in Glenn County Superior Court.
Police initially sought charges that included attempted second degree murder of a peace officer, removing a weapon from a peace officer and resisting arrest.
"I can only charge based on the evidence I have currently," Holzapfel said.
Police said the attempted murder allegation stemmed from the belief that Bentley went after the firearm before it was discharged, but authorities have not confirmed who had control of the weapon when it was fired.
Orland police Chief Paula Carr was not available for comment Friday.
Bentley was the driver stopped on suspicion of drunken driving by Orland police Officer Kyle Cessna just before 11:30 p.m. on March 13, Orland police reported.
Cessna was arresting Bentley when he reportedly went for the officer's gun, authorities said.
Three shots were fired from Cessna's Glock .40-caliber sidearm, authorities said.
Cessna injured his knee during the fight, but no other injuries were reported, authorities said.
One of the rounds was found lodged in the kitchen wall of a residence in the 800 block of Second Street. The other two rounds have not been recovered, authorities said.
Bentley reportedly fled the scene with one wrist still cuffed. He was located about one hour later in an alley at Third and Colusa Streets and arrested after another reportedly brief struggle with police, authorities said.
Cessna, 24, has been placed on both administrative and medical leave, pending the completion of the police department's internal review and his physical recovery, authorities said.
A criminal investigation is being conducted by the state Department of Justice, which is standard operating procedure in Glenn County for an officer-involved-shooting.
Bentely remains in custody at the Glenn County Jail in lieu of $500,000 bail, a jail spokesman said.
He is due back in court April 14 for a preliminary hearing.
Contact Rob Parsons at 934-6800 or rparsons@tcnpress.com.
