Photo by File photo James Benak

A North Platte man stood mute before Lincoln County District Court Judge Donald Rowlands Monday afternoon, opting not to answer to charges of attempted second-degree murder and use of a firearm to commit a felony.

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James Benak, 70, 203 W. Tenth, was arrested Sept. 3 after shooting at two brothers doing yard work in the 200 block of W. Tenth.

Monday the court entered a plea of not guilty on Benak’s behalf. His attorney, Blaine Gillette, requested psychiatric and competency evaluations at the state’s expense for his client. Rowlands granted the request.

The next hearing in the case is set for Nov. 23.

The shooting

The North Platte Police Department reported Sept. 3 that Ted Herrick and his brother Norman were trimming bushes at 209 W. Tenth. Benak apparently became upset at the amount of noise that the brothers were making.

Benak ordered the men to leave or he would shoot them. A short time later, the brothers saw Benak standing by the driveway with a gun, the report said. A police department spokesperson told the Bulletin the gun was a large revolver.

Benak raised his gun and fired at Ted Herrick, grazing him in the stomach. The release said that Benak then approached Ted and said he was going to kill him.

Ted advised Benak that he was calling the police. Benak turned around and returned to his home.

When an officer arrived at the scene, he talked to the victim. Benak exited his home and approached the officer, who arrested him without incident, according to a police spokesperson.

At the police station Benak admitted to firing the shot and said that he had been upset by the noise being made working on the bushes.

The suspect told police that the weapon used was a .22 pistol, which he had replaced in the house after the incident. Benak would not allow police to enter the house and seize the weapon, so a search warrant was secured and the weapons seized, according to the department spokesperson.

Ted Herrick declined to have medical treatment.

Proximity to Lincoln Elementary

The incident occurred across the street from Lincoln Elementary School. It was a Thursday morning and school was in session.

The school’s administration circulated an e-mail to teachers that everyone was to remain in their classrooms, but otherwise the day was to continue as normal.

Notes to parents were given to students, explaining what had happened.

No students or staff at the school were involved or harmed in any way by the shooting.