Man pleads no contest to charges in fatal drunken-driving crash in Superior Township
A man accused in the death of another man during a drunken-driving accident on Halloween in Superior Township is awaiting sentencing after pleading no contest Monday to various charges in the case, court records show.
Robert Walter Bennett, 54, of Novi pleaded no contest in front of Washtenaw County Circuit Judge Melinda Morris to operating while intoxicated causing death, operating with a blood-alcohol level of .17 or more and two counts of possessing a firearm while under the influence.
Robert Walter Bennett
DiNatale was stopped at a red light at the intersection of Ford and Plymouth roads when the collision occurred at about 6:30 a.m., deputies said. Investigators say Bennett was traveling at an estimated 70 to 80 miles per hour after leaving M-14 and his truck did not slow down prior to impact.
Bennett's attorney, Elias Muawad, said Bennett is "very, very remorseful."
A charge of operating while intoxicated is expected to be dismissed when Bennett is sentenced on May 16.
DiNatale's wife, Marcia DiNatale, has filed a wrongful death lawsuit against Bennett.
Also named as defendants in the lawsuit are the Blue Angels Motorcycle Club of Michigan, which the suit alleges served Bennett while he was "visibly intoxicated" prior to the crash, and Akin & Akin Insurance in Howell, which the suit contends failed to accurately represent the insurance coverage it sold that covered Donald DiNatale's Ford Focus.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
Ken Boyd
Sun, May 15, 2011 : 2:28 a.m.
As the brother-in law of Robert Bennett, I can assure you that he is very remorseful for this accident. It is a tremendous tragedy that affects many people on both sides of the court room. To speculate that he is not remorseful when you have no direct involvement is not constuctive.
JL
Mon, Apr 18, 2011 : 3:50 p.m.
I was reading the reply from "Mr. Hutz", thinking he must be a defense attorney. How could this NOT be a miscarriage of justice? HE MURDERED HER HUSBAND AND OUR FRIEND!!!!! Mr. Bennett has not done one second in jail because if I remember correctly, he is such a pilar of the community, retired from GM, owns his own home and has ties to his community. That just decribed the American work force. Forcing Don's wife to purse civil suits, instead of pleading guilty and settling with her is cruel. I hope if I ever get in trouble it is in Washtenaw county with this judge. I have read up on her history and she is NOT impressive and needs to step down.
JL
Mon, Apr 18, 2011 : 8:19 a.m.
My understanding is that it is Judge Melinda Morris that will be sentencing of this murderer. Reading up on her history, there will be no justice. She sentenced a grandfather to 1 year for sexually assulting his 7 year old granddaughter repeatedly, he served 9 months. She also allowed a suspected first degree murderer free on a low bond for a third time when he had a history of jumping bail the first two times. Don was a great guy and missed by many of us at work. I can only pray this judge will do the right thing by Don for this murder that should have never happened. My final prayer is for Don's family. I hope they walk away from this very wealthy. I know it will not bring Don back, but, his family will have to suffer for the rest of their lives over this senseless loss, so make it easier for them financially since they have lost Don's income. Robert Bennett's lawyer says that his client is very, very remorseful. I feel he is only remorseful for getting caught, otherwise he would still be out there drinking and driving. The only pity he feels is for himself.
Macabre Sunset
Thu, Mar 31, 2011 : 4:54 a.m.
Well, he drew the right judge. Hopefully Bennett is being truthful about feeling bad about what happened and will take corrective steps, because he's going to be back on the streets right away. No license, of course, but that doesn't stop the unrepentant.
RJA
Thu, Mar 31, 2011 : 2:44 a.m.
Just don't get me going on Drinking and Driving!
actionjackson
Wed, Mar 30, 2011 : 9:30 p.m.
My condolences to the DiNatale family. Hall of Shame to the Akins & Akins insurance company. Most of these auto insurers are out there willing to suck you in by saying they will save you up to XXX $'s per year and blind side responsible drivers.
Roadman
Wed, Mar 30, 2011 : 8:52 p.m.
A sad case all around. My sympathies to the family of the victim.
ffej440
Wed, Mar 30, 2011 : 8:50 p.m.
More info please Blue Angels Motorcycle Club has a google listing in Detroit and says it's a gun club. Is this the same place and since when is booze served at a gun club?
diagbum
Wed, Mar 30, 2011 : 8:27 p.m.
"A charge of operating while intoxicated is expected to be dismissed when Bennett is sentenced on May 16." Say what?! So he pleads no contest (not an admission of guilt), and he gets the charges dismissed (because of a plea deal I presume)? Wow, in my humble opinion a man who was "very, very remorseful." would plead GUILTY and throw himself on the mercy of the courts... But then the charges wouldn't be dismissed would they? What a miscarriage of justice.
Mr Hutz
Wed, Mar 30, 2011 : 10:47 p.m.
No contest is not an admission of guilt, but for all intensive purposes it is treated that way by the CRIMINAL courts. The reason they allow such a pleading is in cases like this, where a plea of guilty would then be used to open him to civil liability (where as no lo does not). Most criminal courts will not allow a no lo contendere plea unless there is potential civil liability or the D cannot honestly claim knowledge of facts that would establish guilt. I don't see where there is a miscarriage of justice here. The widower will still be allowed to proceed with her civil suit, she'll just have to prove her case. Not always an easy feat (though this case seems like a slam dunk, at least against Barnett). The prosecutors shouldn't let potential civil claims guide their conduct (and again, for criminal purposes no lo is a guilty plea. The only thing that will actually piss of judges MORE is when they see a guilty *jury* verdict). The OWI (if its his 1st its simply a misdemeanor under MI) is also peanuts compared to the OWI causing death. It's a tragedy but I don't see where you come up with miscarriage of justice.
Bertha Venation
Wed, Mar 30, 2011 : 8:33 p.m.
Amen to that, my brother!
zip the cat
Wed, Mar 30, 2011 : 7:58 p.m.
We hope he gets whats appropriate for what he did. But like all the others who kill while driving drunk in washtenaw county. He'll get a slap on the wrist and do probation and be out driving again license or not
Bertha Venation
Wed, Mar 30, 2011 : 8:26 p.m.
Yes. Probably so. Maddening, isn't it?