FAYETTEVILLE, Ark. (KFSM) — A Fayetteville man who used wasp spray to attack an elderly man restrained in a wheelchair was sentenced to five years’ probation.
Seth Benz, 20, pleaded guilty last month in Washington County Circuit Court to residential burglary and second-degree battery.
As part of his probation, Benz must pay more than $500 in fines and court fees, remain on good behavior and commit no new crimes. If he violates those conditions, he faces up to 26 years in prison and a $30,000 fine.
Benz received credit for 100 days served in the Washington County Detention Center.
Benz pleaded guilty under Act 346, which allows non-violent, first-time offenders to have their record expunged if they complete their probation.
Fayetteville police arrested Benz in January after the man told investigators Benz another other person broke into his home on North Salem Road and sprayed him in the face with wasp spray.
The man said the intruders then put a t-shirt over his head and sprayed him again. He said someone hit him several times in the head, leaving cuts and bruises near his eye, according to an arrest report.
While the man was restrained in his wheelchair, one intruder stole his TV, two DVD players and about 50 DVDs before leaving his home.
The man said he thought he recognized Benz as a possible assailant. He told officers he had kicked Benz out of his house after Benz failed to pay rent.
Police found Benz running from the area shortly after the burglary. They said Benz wouldn’t answer direct questions about his previous location and was arrested for obstruction.
At the police department, Benz continued to evade questioning until he nodded when officers said they believed he was involved in the burglary, according to the report.
Officers said Benz also nodded when told he probably didn’t mean to hurt the man.
