The Tribune Democrat, Johnstown, PA

State News

June 8, 2013

Operator in collapse deaths turns self in

PHILADELPHIA — A heavy equipment operator with a lengthy rap sheet who is accused of being high on marijuana when a downtown building collapsed onto a thrift store, killing six people, surrendered Saturday to face charges in the deaths, police said.

Sean Benschop faces six counts of involuntary manslaughter, 13 counts of recklessly endangering another person and one count of risking a catastrophe. A warrant had been issued for his arrest and police had been searching for him.

Authorities believe the 42-year-old Benschop had been using an excavator Wednesday when the remains of the four-story building gave way and toppled onto an attached Salvation Army thrift store, killing two employees and four customers and injuring 13 others.

Deputy Mayor Everett Gillison said a toxicology report showed evidence that Benschop was high on marijuana. That finding, combined with witness statements and evidence from the scene, led to the decision Friday to raid his North Philadelphia home and later seek an arrest warrant, he said.

Benschop’s attorney, Daine Grey, said his client was not at fault.

“This was an accident, but Mr. Benschop is not responsible,” Grey said Saturday. “And we believe that, in time, the facts will show that he is not responsible.”

Benschop was wearing a bandage on his right arm when he turned himself in. Grey said he had been injured at a prior worksite, but declined to say where or when.

Grey said Benschop was able to operate heavy equipment.

“He was completely able to operate a backhoe,” Grey said. “... He operated it safely, as he always does, and he did not violate the law in any capacity.

“He has been doing this for more than 13 years. He is very experienced. He has worked for a number of contractors throughout the region. All of the contractors have found him professional and found that he did his work with the highest regard for the safety of those around him.”

Mayor Michael Nutter, in a statement Saturday night, called for harsh charges and punishment for Benschop.

“It is my hope that the harshest level of charges are brought against Sean Benschop and he is punished accordingly,” Nutter said. “We must also seek answers from property owners Richard Basciano and Griffin T. Campbell, who hired Benschop to do the significant job of operating heavy equipment. These three individuals bear the ultimate and sole responsibility for this tragedy. Justice will only be served if Sean Benschop receives a sentence that buries him in a jailhouse forever, just like his victims were buried on Wednesday.”

Benschop, who also goes by the name Kary Roberts, has been arrested at least 11 times since 1994 on charges ranging from drugs to theft to weapons possession, according to court records.

He was twice sentenced to prison in the 1990s after being convicted on drug trafficking charges. Benschop’s last arrest, on a charge of aggravated assault, came in January 2012, but the case was dismissed for lack of evidence.

As the criminal investigation heated up, at least two survivors sued the demolition contractor and building owner, alleging gross recklessness at the job site.

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