DOUGLAS COUNTY, Colo. — Six guns confiscated from Austin Benson, 35, who was accused of randomly shooting at people in 2018, were returned to his wife earlier this year after a judge dismissed the case amid concerns about his mental health, 9NEWS Investigates learned.
Now, Benson faces 23 new charges for a remarkably similar crime that occurred June 27, 2024. He is accused of driving through an Aurora neighborhood at night and randomly shooting three people.
Among the questions for the ongoing investigation is whether any of those weapons released in January by the Douglas County Sheriff’s Office were used in the shootings in the Cherry Creek Racquet Club neighborhood earlier this year.
One of the victims wounded in the recent shootings remains on a ventilator in the hospital and may never walk again. Another faces multiple surgeries on his shattered arm and may never regain full use of it.
9NEWS reached Benson's wife by telephone Monday, but she declined to comment and hung up.
According to documents obtained by 9NEWS, Benson signed a notarized statement assigning his wife power of attorney on Jan. 16. Later that same day, his wife signed for the guns and they were turned over to her.
In a statement to 9NEWS, Douglas County Sheriff Darren Weekly said, "As a law enforcement agency, we are bound by the law and the evidence available to us. When the case against Austin Benson was dismissed, we had no legal authority to retain his firearms. We released the property to a party who had [the] power of attorney. Our actions are always guided by the law and the facts at hand."
Benson is being held without bail and is charged with:
- Four counts of attempted first-degree murder
- Six counts of first-degree assault
- Two counts of attempted first-degree assault
- Four counts of felony menacing
- Four counts of illegal discharge of a weapon
- Possession of a large capacity magazine
- Possession of a gun while intoxicated
- Leaving the scene of an accident
Prosecutors also filed four counts of committing a violent crime, a sentencing enhancer. His next day in court is Oct. 1.
2018 Shooting
The incident that unfolded on July 2, 2018, along Rampart Range Road in Douglas County, included allegations that Benson shot at and threatened multiple people. The shootings ended when a retired police officer, who was camping with his wife, grabbed his personal gun and shot Benson multiple times, seriously wounding him.
Prosecutors charged him with:
- Three counts of attempted first-degree murder
- Attempted robbery
- 14 counts of felony menacing
- Criminal mischief
For more than five years, the case languished in court as doctors, on six separate occasions, concluded that Benson was not mentally competent to go to trial, meaning they concluded he was not able to understand the legal proceedings against him or assist in his own defense.
On Oct. 26, 2023, Douglas County District Judge Ryan Stewart ruled that there was not a substantial probability that Benson could be restored to competency within the reasonable foreseeable future.
At that point, under state law, he had no choice but to dismiss the case.
Documents obtained by 9NEWS show that on Dec. 14, 2023, sheriff's office officials notified Benson that they would return his belongings taken during the investigation. That included six weapons, an AK-47 rifle and five handguns, with at least 99 rounds of ammunition and multiple magazines.
According to 9NEWS Legal Analyst Scott Robinson, a Colorado statute, multiple rules of criminal procedure and a U.S. Supreme Court ruling have all been construed to mean that property must be returned to a suspect if there’s a dismissal or acquittal.
“There is no exception for a case that's dismissed because of lack of competency,” Robinson said.
Robinson said in researching the case, he could not find another example of someone whose case was dismissed over competency issues who then had guns returned to them.
“It's something that could be modified by the legislature by the simple enactment of a statute,” Robinson said. “That might be the best way to deal with the problem.”
Contact 9NEWS Investigator Kevin Vaughan with tips about this or any story: kevin.vaughan@9news.com or 303-871-1862.