Witnesses say fracas first seemed to be a joke

OREM — Witnesses initially thought a man was joking before he allegedly struck an aide for Lt. Gov-elect Gary Herbert during an October campaign stop, according to police records obtained by the Deseret Morning News.

Robert F. Bennion, 63, blocked Herbert's path after a speech at the Tooele Rotary Club on Oct. 18 and attempted to make a citizen's arrest of Herbert, 57, currently nearing the end of his tenure as a Utah County commissioner, whom Bennion blames for a water dispute at Bennion's Sundance property.

Herbert had just finished speaking at the Best Western Inn and was due in Salt Lake City when Bennion demanded Herbert accompany him to the police station.

"It's kind of scary that he tracked me down," Herbert said.

Herbert's aide, Robert W. Higgins, 42, intervened to allow Herbert to leave the motel. Bennion allegedly shouted that he would kill Higgins and eyewitnesses said Bennion then attacked Higgins.

A statement from Higgins is included in the documents obtained by the paper through the Government Records Access Management Act.

"He hunched over, like a linebacker, and attempted to ram me," Higgins said, according to the police records. "Not wanting to give him any physical harm, or myself, I only partially blocked him, hoping that would dissuade him. In spite of the altercation, he continued running towards Gary. Gary barely had enough time to get into his car. He was very threatening."

Tooele City Councilwoman Colleen Johnson and Tooele community relations director Joyce R. Hogan thought Bennion was joking when they first noticed the disturbance, according to the documents.

"Gary repeatedly said that he wouldn't talk to him, but the man persisted," Johnson told police, according to the records. "Several times Gary said to the man, 'Don't touch me.' "

Bennion allegedly grabbed hold of Herbert's car door and tried to shove papers through the window.

After Higgins pulled Bennion away from the door and then moved Bennion from where he stood behind Herbert's vehicle, Bennion swung at Higgins, hitting him twice in the face and once in the ribs, the witnesses said. Higgins' glasses broke in the altercation. He also suffered minor injuries to his face and mouth. Herbert drove away with Bennion screaming obscenities after him.

Hogan said that when Herbert tried to drive away, Bennion ran in front of the car.

"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."