WEST PALM BEACH, Fla. — The man accused of fatally shooting a Palm Beach County corrections deputy will remain in jail. WPTV reporter Michael Hoffman breaks down why lawyers for Kevin Benette argued that he should have been granted a bond after a judge denied the request.
WPTV first started tracking this case in February. Prosecutors on Wednesday showed a ring camera video of when Basil Powell was shot.
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Investigators said the shooting happened as Powell was walking to his house with his 5-year-old daughter. But the defense argues the video is too dark to see the shooter.
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Kevin Benette’s lawyer filed a motion to ask a judge to release him on bond. Claiming the ring cam video proves that prosecutors could not place Benette at the scene at the time the deadly shooting occurred.
“There is no direct evidence in this case,” argued the defense. “The state has to prove beyond a reasonable doubt. There is no eyewitness, there’s no DNA, there’s not even a confession. There’s no smoking gun where you’re saying ‘hey, this is definitely Mr. Benette.’”
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Lead detective James Evans walked the judge through their evidence. Cell tower data placed Benette's phone at the scene, and the clothes he was wearing matched the suspect's that day. And while they did not find the murder weapon, they say they found text messages where Benette allegedly purchased this gun that investigators say was found to be consistent with the murder weapon, along with what they determined to be the same ammunition used to kill Powell at Benette’s home.
“Mr. Benette was adamant that he didn’t own any guns, he never shot a gun, and he didn’t have any ammunition in his house,” said Det. Evans.
Judge Daliah Weiss ruled that Benette should remain in jail without bond, calling Powell’s death an assassination.
“This is a case where the victim was assassinated,” said Weiss. “And will hold Mr. Benette without bail until trial.”
Benette faces multiple charges, including first-degree murder of Deputy Powell and attempted second-degree murder of Powell's daughter. Benette is due back in court in June.
