Illegal immigrant accepts sentence for brick attack
He had withdrawn guilty plea in Easton fight that left man with head injuries.
By Tyra Braden | Of The Morning Call
July 14, 2008

A contrite Juan Carlos Benevidas-Yanes, who tried to take back his guilty plea to having bashed a man's skull in with a brick, changed his mind, has apologized and accepted a state prison sentence of up to eight years.

''I regret it,'' Benevidas-Yanes, 28, told Northampton County Judge Stephen G. Baratta on Thursday. ''I never thought this would happen. I regret it happened. I feel very embarrassed to be in the court.''

Benevidas-Yanes, who is in this country illegally from El Salvador, in March pleaded guilty to aggravated assault. An attempted homicide charge was dropped. Benevidas on Dec. 30, 2006, hit Miguel Hernandez in the head with a brick. His lawyer, Dwight Danser, said Hernandez had thrown a beer bottle at Benevidas-Yanes, then broke a second bottle and advanced toward him as the two men fought

Police found Hernandez, who suffered serious, lingering head injuries, at 644-646 Northampton St., Easton, and caught Benevidas-Yanes a block away. When Benevidas-Yanes finishes his prison sentence of four to eight years, he will be turned over to immigration officials for deportation.

Baratta said Benevidas-Yanes' actions amounted to what is known under the law as an ''imperfect self-defense.'' The sentence he imposed falls in the middle of the state's sentencing guidelines. Assistant District Attorney Robert Eyer asked Baratta to impose ''substantial'' jail time because of the seriousness of Hernandez's injuries.

The judge said his understanding of the fight was that Benevidas-Yanes was upset because his girlfriend or ex-girlfriend was seeing Hernandez. The fight, he said, was probably ''fueled by jealousy and rage.'' However, he said, ''The point is, you nearly killed a man.''

On Tuesday, when Benevidas-Yanes said he wanted to withdraw his plea and go to trial, he told Baratta he would accept a sentence of 31/2 to seven years. Baratta told him defendants don't get to make such decisions.
http://www.mcall.com/news/local/all-b7- ... 3489.story