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Virginia brothers arrested, charged with making threats against ICE and police

Emma Rose Brown, The Virginian-Pilot on

Published in News & Features

NORFOLK, Va. — An assistant principal at Kempsville High School and his brother were arrested Wednesday and accused of making threats against Immigration and Customs Enforcement agents and local police.

According to a news release from the Virginia Beach Police Department, John W. Bennett, 54, and Mark Bennett, 59, both of Virginia Beach, each face one charge of conspiracy to commit malicious wounding. Mark Bennett was arrested at the Norfolk International Airport. John Bennett was arrested in Virginia Beach about an hour later, police said.

When both appeared in court Thursday afternoon, nine friends and family members were in court to support the brothers. John Bennett’s wife, Dr. Kasey Bennett, spoke to the judge about their ties to the community, their three young children and her husband’s lack of a criminal record.

According to the complaint, an off-duty Norfolk police officer, identified in the documents as B. Thorpe, overheard a conversation between the brothers while they were having lunch at a Vietnamese restaurant on Nov. 15.

Thorpe claimed the brothers discussed ICE “kidnapping individuals” and that the brothers said “they needed to do something about it.” The complaint also alleges the brothers discussed hunting and weapons that could shoot through tactical vests. According to Thorpe, who was seated several booths away from the Bennetts, Mark Bennett also allegedly spoke of a trip he was planning to take to Las Vegas. Thorpe claimed Mark Bennett said he was going there to meet with “like-minded individuals.”

Happy O’Brien, an attorney for Mark Bennett, refuted that characterization, saying his client never used those words and had planned a trip to Las Vegas to attend a Formula One event with his son before having the Nov. 15 conversation with his brother.

According to the brothers’ attorneys, the statement made by Thorpe is the only evidence against the brothers they are aware of. Virginia Beach Deputy Commonwealth’s Attorney Scott Lang offered no additional evidence during the hearings. He said federal agents are still analyzing the brothers’ phones and personal electronics.

“I’m not trying to be flippant,” O’Brien told the court. “But it’s frightening that we’re here based on a hearsay statement in a restaurant a few booths away.”

He characterized the lunch conversation between the brothers as Seinfeldian, and said the government’s case was based on a few lines taken out of context of an hour-long conversation “about nothing.”

John Bennett’s attorney, Kristin Paulding, reiterated that the evidence against the brothers was “cherry-picked.”

 

“You’ll see from the evidence there is no criminal conspiracy, no intent to hurt anyone,” Paulding said in an interview on the courthouse steps. “There is no evidence that they’d want to hurt anyone.”

The brothers were each granted a $25,000 bond and will be placed on house arrest.

A spokesperson for Virginia Beach City Public Schools confirmed John Bennett is an assistant principal at Kempsville High School. He has been employed with the school division since 2009 but is on leave. The school division said it would not comment further on personnel matters.

He was also an officer with the Virginia Beach police department from 2012 to 2013.

“These allegations of violence against law enforcement, the very ones who protect and serve our communities, are incredibly alarming,” Virginia Beach Police Chief Paul W. Neudigate said in a statement. “We are grateful this information was brought to our attention. VBPD was able to work with various law enforcement agencies to assess the credibility of the information, leading to today’s arrests ensuring the safety of both our law enforcement community and the public at large.”

The Bennett brothers will have their next hearing on Jan. 23.

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(The Virginian-Pilot and Daily Press staff writers contributed to this story.)

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