Prosecutors contend that Benson is a threat to others and should not be released. She was indicted for criminal attempt to commit armed robbery, burglary in the first degree, two counts of aggravated assault and possession of a firearm during commission of a felony.
Kell said he needed to see the indictment and needed additional information on the psychological treatment the defense is proposing before he could make a decision on bond. Kell did not indicate how soon he expected to make a decision, but attorneys on both sides agreed to provide needed documentation quickly.
On the night of July 7, Anna Benson was heavily armed when she broke into her husband’s home and demanded $30,000, police previously said.
Officers arrived at the 1160 block of Drewsbury Court to find Benson, star of the VH-1 reality series, “Baseball Wives,” wearing a bullet proof vest and an ammunition belt containing several rounds. She had a “Batman” knife in her waistband, a police-issue baton in her hands and a revolver in her purse, according to the incident report.
Assistant DA Don Geary said Benson was just trying to scare her husband, but had a weapon “designed to blow holes in things.” Kris Benson, Geary said, feared for his life and called police while hiding outside.
She was arrested the night of the incident and has been held the past 24 days without bond at the Cobb County jail.
Anna Benson’s attorney, Rick Christian, told the court it was an isolated incident of domestic violence.
Kris Benson filed for divorce from his wife in March 2012 in Forsyth County, where the couple previously lived, records show. Their divorce has not yet been finalized. The couple has three children together.
On May 30, Forsyth County Superior Court Judge Jeffrey Bagley issued an order for Anna Benson to vacate the Smyrna home by June 3.
“She had no problem intimidating a witness. She went after him with a gun,” Geary said. “She had no problem committing a felony.”
Her current charges are the first felonies she’s faced in Georgia. But Benson was charged in 1996 in Tennessee with murder, a charge that was later dismissed. Her attorney said Thursday she isn’t a flight risk and, if released from jail, she will be make her upcoming court appearances in Forsyth and Cobb counties.
“Judge, she’s not a threat,” Christian said. “She takes one wrong step, she’s knows she’s going back to jail.”