Decision on the way in TKE fire case

After 18 months of procedural delays and unsuccessful attempts at a plea bargaining, the criminal case against Joshua Benton, 21, is beginning to move forward.

Benton, a former student at the University of Buffalo, is facing a felony charge of second-degree assault following an incident at Fred Fest in 2010. According to authorities, Benton, then 20 and underage,  poured vodka on the top of a can and lit the liquid with a lighter.  The flames startled Benton who then threw the can which landed on Taylor Meckley and Patrick Bettcher, who were seated nearby.

According to a report taken by Fredonia Police, Meckley suffered third-degree burns on her legs and was also burned on her shoulders, arms and hair. As a result, Meckley, a resident of Hamburg, spent 23 days at Erie County Medical Center in Buffalo. Bettcher suffered less serious burns on his calf and hand.

According to a report by The Buffalo News, Benton was arraigned in Chautauqua County Court after a grand jury indicted him last month on the charge of second-degree assault.

Jud Heussler, president of TKE, understands why the fraternity's name keeps being brought up in conjunction with the story but doesn't feel it's necessary. "I think [the media] easily could have not mentioned it, however I do understand why they did," Heussler said. "It's something that we as a group and school have moved on from. What's done is done. Most of the people involved don't even go to school here anymore."

Joseph A. Price of the county Public Defender's Office has been assigned to Benton's case and was unable to be reached by  The News for comment.

According to Chautauqua County District Attorney David W. Foley, Benton was originally arraigned in June 2010 in Fredonia Village Court. Foley went on to tell  The News that felony charges cannot be handled in Village Court. In order for the case to proceed to County Court, Benton would need to be indicted.

According to Foley and The News, lengthy plea negotiations broke down after Foley insisted that Benton plead guilty to felony assault charges.

Foley also told The News that Benton delay proceedings by considered changing attorneys before he decided to stick with Price.

Vice President of Student Affairs David Herman had off-campus obligations and was unavailable for comment.

The News reports that a conference is set for Dec. 12 before County Judge John Ward.