From Deseret News archives:

Herbert 'citizen's arrest' may lead to charges

Published: Wednesday, Oct. 20, 2004 12:00 a.m. MDT
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PROVO — A Provo man might face assault charges after he attempted a citizen's arrest of GOP gubernatorial candidate Jon Huntsman's running mate after a lunchtime campaign speech in Tooele on Monday.

Robert Bennion stopped Utah County Commissioner Gary Herbert, Huntsman's choice for lieutenant governor, at the door of the Best Western Motel.

Waving three handwritten pages of paper at Herbert, Bennion said he was making a citizen's arrest.

Bennion has been locked in a dispute with Herbert and the County Commission over water rights involving the Sundance Resort.

Herbert told the Deseret Morning News that when Bennion asked him to come with him to the police station, Herbert refused and tried to step around Bennion. That's when the confrontation apparently escalated.

Herbert campaign aide Robert Higgins stepped between the men and told Herbert to go to his car.

"It was a little scary," Herbert said. "(Bennion) threatened to kill my assistant."

Herbert said he tried a couple of times to leave peacefully but asked motel employees to call police when Bennion started screaming at him.

Bennion followed Herbert to the parking lot, where Herbert said Bennion punched Higgins at least twice in the face and once in the stomach. Bennion shouted threats at Higgins and tried to block Herbert from leaving in his car.

However, Herbert said he was able to drive away during the scuffle.

Bennion apparently claimed Herbert nudged him with his car, but Herbert denied it.

"He was clearly chasing me, not the other way around," Herbert said.

Bennion could not be reached for comment Tuesday.

Herbert said Bennion maintains the commissioner cast votes that Bennion allegedly helped Sundance obtain water from Bennion's private water system.

Bennion has filed numerous lawsuits against the county since the early 1980s. He has complained to the commissioners on issues including water, fire protection, parking, lighting, bonding, access and private property rights.

Bennion's attorney Claire Summerhill said her client has become increasingly frustrated as the gubernatorial campaign progressed.

Herbert is accompanied by security personnel from the governor's office to some speaking engagements but not all. Herbert said he hasn't felt a need to always have them with him.

"This came out of the blue," Herbert said. "There's a process to go through if he's got an issue, but to stalk me, as it were, that's something else. I suspect we're going to have to be more careful in the future."

Herbert said he would consider seeking a restraining order against Bennion.


Contributing: Associated Press

E-mail: haddoc@desnews.com

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