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Posted on Mon, Jul 25, 2011 : 7:16 p.m.

Witnesses recount aftermath of West Willow homicide; case sent on to circuit court

By Heidi Fenton

051211_ypsilanti_dorset_body_found.jpg

Harold Bennett was found dead May 12 at his home on Dorset Avenue in Ypsilanti Township. Keithen Potter is charged in his killing.

Angela J. Cesere | AnnArbor.com

Deputies responding to the scene of a homicide this spring in Ypsilanti Township’s West Willow neighborhood arrived to find David Harold Bennett’s body lying naked in a back bedroom of his home, covered in bruises.

Keithen Potter stood in an area between Bennett’s kitchen and family room as Washtenaw County Sheriff’s Deputy Kevin Hause entered the home in the 700 block of Dorset Avenue with a partner.

“I didn’t kill him. I didn’t (expletive) kill him,” Potter, 33, told Hause.

Keithen Bernard Potter.jpg

Keithen Potter

That testimony from Hause regarding the May 12 morning that police arrived at Bennett’s home was recounted in court late last week as part of Potter's criminal case. Potter is accused of killing Bennett, his friend of three years.

Chief Washtenaw County 14-A District Court Judge Kirk Tabbey found enough evidence to bind Potter’s case over to circuit court on charges of open murder and larceny in a building — an addition requested by prosecutors — bringing to a close more than 5 hours of testimony at a probable cause hearing.

Potter pleaded not guilty to all charges.

The court heard from Hause, who first responded to the scene; Chief Washtenaw County Medical Examiner Bader Cassin; Potter’s mother, Joyce Adams-McEaddy, who lives across the street from Bennett; and several other people who were in the neighborhood that day.

Potter sat silent as his mother took the stand and recounted finding her son on her front porch May 12, just after 6 a.m. He seemed nervous and panicky, Adams-McEaddy said. And though her son appeared intoxicated — as a result of the drinking he often did when spending time with Bennett, his mother said — his emotion that day was different.

“Mom, Dave’s dead, Dave’s dead,’” he told her.

“I said, ‘Quit playing,’" Adams-McEaddy recalled of that early morning conversation.

But Potter insisted that wasn’t the case.

“I’m not playing,” he said.

Potter then returned to Bennett’s home, where he told his mother he planned to call police.

Adams-McEaddy at several points during her testimony had trouble remembering exactly what had happened that morning. She at first recalled going straight back to bed after letting her son inside, but later recounted the conversation the two had that morning and her son's unease.

Adams-McEaddy remembered calling Potter around 10 p.m. May 11, asking him where he planned to spend the night. Potter had been staying with his mother for about a week. She was locking up, and didn’t want him coming in after hours.

Potter told her he planned to stay with Bennett. The two planned to kick back and have some beers. She didn’t hear from him again until hours later, when he appeared on her porch the next morning.

Minutes after Potter returned to Bennett’s home, dispatchers received a 911 call around 6:30 a.m. from Potter, indicating he had found Bennett dead, the victim of a knife wound, Deputy Hause testified.

Hause said Potter stood at the side door of Bennett’s home as he and another deputy arrived, and Hause’s partner immediately patted Potter down. That deputy found a knife as the two walked inside the home. Still, at that point, there was no sign that knife was used in any crime, Hause said.

Hause continued walking and came through the doorway of a back bedroom, where he found Bennett lying on a bed, naked. It was clear the man was already dead, Hause said, and a paramedic who arrived minutes later confirmed this.

An autopsy performed later that afternoon determined the man’s death was a homicide, Medical Examiner Bader Cassin said.

Cassin said he found bruises covering much of Bennett’s body, along with several broken ribs and a broken breastbone and nose. Ultimately, the death was attributed to blunt force trauma.

Cassin said Bennett likely died about 15 minutes after he was attacked. Police did not arrive at the scene until about 6:30 a.m., but based on findings in that autopsy, Cassin estimated he died about 3 hours earlier — around 3 a.m.

Further testing revealed Bennett had a blood-alcohol level of .33 — more than double the legal limit — at the time of his death. Traces of marijuana were found in his bloodstream, likely used within the previous 24 hours, Cassin said.

As detectives arrived on the scene that morning to begin a full investigation, Hause said, he spoke further with Potter.

“He told me they were just hanging out, having beers,” Hause said. “He indicated they went to sleep together in the back bedroom where Dave was located.”

According to Hause, Potter said Bennett frequently had women stay over at his home and it was that situation that led to the man’s death — the result of an encounter Bennett had with one of the women’s boyfriends.

Judge Tabbey sent the case on to trial court and Potter will remain at the Washtenaw County Jail without bond, pending a pretrial hearing Aug. 31.

Heidi Fenton covers police and courts for AnnArbor.com. Reach her at heidifenton@annarbor.com or 734-623-4673. You also can follow her on Twitter or subscribe to AnnArbor.com's e-mail newsletters.

Comments

Seriously

Sat, Nov 26, 2011 : 3:58 p.m.

Ive known keithen for alot of years an hes not no murderer! I honestly believe they screwed up ...they seen his past records an he was looking real scruffy thats.what they went off cause if i was at mr b. House id say just the same thing mr p said an why if lets say he did do it why would he keep the knife an call police why wouldnt he have gtten rid of it before or after he left his mothers house an why as soon as the police get there they pat mr p down because they wanted to pin it on him from the.get go ...they throw innoscent people in jail all the time

Emm

Wed, Jul 27, 2011 : 4:42 p.m.

continued... I have wondered what I will tell his daughter if he goes to prison for life. I left when she was a baby, he would not change or get help. I havent let her have any contact with him, or his mother. There is so much that I could say, but I just needed to say that Keithen Potter is a lot of things.....but not a murderer. Someone has taken a life and is free on the streets, that avenue needs to looked at before its too late.

APCGuy

Tue, Jul 26, 2011 : 10:55 p.m.

I have a hard time believing Mr. Potter is innocent. He is in jail for a reason. Perhaps Law Enforcement officials are waiting for Mr. Potter to divulge more information and more or less point a new direction. Until that occurs, well, "The smeller is the feller", as they say...

Chris S

Tue, Jul 26, 2011 : 6:41 p.m.

"Further testing revealed Bennett had a blood-alcohol level of .33 — more than double the legal limit — at the time of his death..." I didn't know it was illegal to have alcohol in your blood. Was he driving? "more than double the legal limit" is not an accurate statement.

RJA

Tue, Jul 26, 2011 : 2:24 p.m.

I can understand why Bennent was patted down, even though he was already dead. Just part of the investigation.

Bertha Venation

Tue, Jul 26, 2011 : 3:13 p.m.

ok. Thanks.

Goofus

Tue, Jul 26, 2011 : 1:53 p.m.

Antwon Dodgson looks alot different without his bandanna.

Bertha Venation

Tue, Jul 26, 2011 : 12:22 p.m.

"and Hause's partner immediately patted Bennett down." Why would you pat down a dead man??

UM Rocks

Tue, Jul 26, 2011 : 7:06 p.m.

They patted Potter down, not Bennett.

John A2

Tue, Jul 26, 2011 : 4:43 a.m.

I believe him, and it's not like he tried to hide the fact that he was there. I have saw real jealous mates too. I believe they should start looking for the mad boyfriend. Just because he was there and hung out with the guy does not mean that he's guilty as charged. But he was there and the boyfriend must have been watching and waited until Potter left. Beside Pot makes people sleepy and not radical, and they did not find Cocaine in their systems either. Now if their was crack involved then I would say HMMM, but I can believe that he is not guilty.

jim

Tue, Jul 26, 2011 : 1:35 a.m.

If your BAC is .33, it doesn't matter which way the tape is - you're going to fall down and get tangled up.

Roadman

Tue, Jul 26, 2011 : 12:56 a.m.

The crime scene tape is upside-down. I wonder if that is a legal defense to disregarding the tape - inability to read upside-down.