Witnesses say fracas first seemed to be a joke

"Gary stopped the car to keep from running him down," she said. "Higgins tried to restrain the man and pull him away from the car. The man then started to fling his arms at Higgins. He struck Higgins in the face, knocking his glasses to the ground. Higgins tried to just bear hug the guy to keep him from hitting him."

A frustrated Bennion then left but showed up later at the police station, yelling and demanding justice.

Neither Bennion nor his attorney, Claire Summerhill, have been available for comment.

Herbert completes his final term as a Utah County commissioner in January, when he will begin to serve as lieutenant governor under Gov.-elect Jon Huntsman Jr.

Bennion is a Salt Lake City resident but previously lived in Utah County. Utah County Sheriff Jim Tracy told a state investigator that Bennion was a radical who once took potshots at a bulldozer operator who drove too close to Bennion's property line in Sundance Canyon, according to the documents.

The Utah County Attorney's Office has files with complaints from Bennion on one matter or another, sources said.

Tooele Police Lt. Steve Swartzfager told the Deseret Morning News that the investigation is complete and that all the reports have been forwarded to city attorneys.

Assistant City Attorney Doug Bailey said he is reviewing the information and expects to take several more weeks before he determines whether charges are warranted.

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E-mail: haddoc@desnews.com