Officials say man tried to bring a concealed handgun into the county Justice Center while he was to appear for a domestic matter

Friday, May 21, 2010

By MICHAEL P. RELLAHAN, Staff Writer

WEST CHESTER — A freelance photographer from Phoenixville was jailed after allegedly trying to bring a loaded weapon into the county Justice Center while on his way to a child support hearing.

Brian Benjamin, 42, of the 1200 block of Madison Street, was ordered held in lieu of $100,000 bail after his preliminary arraignment Wednesday before Magisterial District Judge Mark Bruno of West Chester.

Chester County Detective Harold Dutter charged Benjamin with misdemeanor offenses of carrying a firearm without a license and possession of a firearm in a court facility.

Benjamin visited the Justice Center shortly before 11 a.m. Wednesday for a child support conference with the child's mother and her attorney in the county Domestic Relations Office, reports say.

When Benjamin passed through a security station at the building's entrance about 10:55 a.m., Security Officer Donald Erdman saw on a monitor what appeared to be a handgun inside Benjamin's briefcase or satchel as it passed through an X-ray machine, reports say.

The gun was described by investigators as a silver Springfield 1911 .45-caliber semiautomatic. The gun had a magazine with eight rounds inside although no live bullets were in the gun's chamber, reports say.

According to reports, after Erdmen saw the gun, he notified Deputy Sheriff Steven Sibbett, who approached Benjamin and asked if he was a law enforcement officer or had a permit to carry a concealed weapon.

Benjamin replied that he had left the permit at home. The criminal affidavit filed against him indicates Benjamin also checked his wallet for the missing permit.

Benjamin said he had received the permit in Chester County.

While another deputy detained Benjamin at the entrance, Sibbett went to the county sheriff's office on the first floor of the Justice Center and asked the deputy in charge of firearm license records to check for Benjamin's permit.

A review of the records revealed Benjamin lacked a valid permit, but it was unclear from reports of the incident whether Benjamin owned a permit that had expired or had no permit at all.

Benjamin was then handcuffed and taken to the sheriff's lockup.

On Thursday, Sheriff Carolyn "Bunny" Welsh praised her deputies for having responded appropriately to the situation.

"Probably one of the most dangerous situations in a courthouse is walking through the front door with a handgun," Welsh said. "People at the security monitors are vitally important to maintaining safety and order here, especially when it involves domestic situations or family courts, because they can be so volatile."

It was unclear Thursday whether Benjamin purposefully meant to bring the gun to the hearing in Domestic Relations.

Julie Ganz of Fox Rothschild in Exton, the attorney for the mother of Benjamin's child, could not be reached immediately for comment.

The hearing was apparently not a dispute over back support owed by Benjamin but to begin the determination of how much he should pay and when he should pay.

Benjamin is the nominal owner of Visual-Graphix, a graphic design and photography firm in Phoenixville that has had financial problems recently.

A bank foreclosed on a home on Virginia Avenue in Phoenixville where Benjamin had lived after he reportedly failed to make payments on a $200,000 mortgage.

A credit card company also filed a claim against Benjamin seeking money owed.

And at least one customer has filed a claim against him in Common Pleas Court seeking reimbursement of $3,000 for wedding photos that were paid for in 2008 but not properly delivered, records say.

"I think the officers involved acted absolutely appropriately, and I am very pleased," said Welsh. "It was a job well done. We literally dodged a bullet."

Benjamin's preliminary hearing has been set for 9 a.m. Tuesday, May 25.