Saturday, May 10, 2008; Posted: 02:33 AM
A former physician, Benson is charged with homicide by intoxicated use of a vehicle in the death of Jennifer Bukosky, her unborn child and her 10-year-old daughter, Courtney Bella. Bukosky was a popular educator and associate principal at Oconomowoc High School.
Benson also is charged with causing the injury of two other children.
Attorneys with Habush Habush & Rottier sought the restraining order because Benson was overheard on the day he was arrested telling his wife he would shift assets out of his name.
Judge Kathryn W. Foster granted the interim order during a hearing Friday after allowing Benson -- who remains jailed on $1 million bail -- to meet with an attorney from his vehicle insurance company to discuss the proceedings. The insurance company also is named in the lawsuit against Benson.
Although Benson's assets, including real estate, are frozen, he will be allowed to withdraw funds to pay for his family's daily living expenses and to cover legal bills related to his criminal case.
Benson also must provide information on his assets and their worth to Habush attorneys.
Foster scheduled a hearing for June 6 to determine whether to permanently freeze Benson's assets.
"We got what we wanted. He cannot dispose of any assets until the next hearing," attorney Robert Habush said after the hearing. "He caused us some concern by his public statement that he was going to divest himself of assets."
Habush said his law firm still has no idea of Benson's worth.
The lawsuit seeks an unspecified amount of money for the deaths of Bukosky and her unborn daughter, Sophia, and for the injury of Deborah Gibbs, 10, of Summit. It was filed by Michael J. Bukosky, Jennifer's husband, and Deborah and her parents, Michelle A. Gibbs and Daniel B. Gibbs.
Michael Bukosky was in the courtroom gallery Friday observing the proceedings, but quickly exited at their conclusion and did not say anything.
"He's very sad, very upset. This is a very tough time for him," Habush said.
Benson is scheduled to appear in court Friday for a preliminary hearing in the criminal case.
According to police and court records, Bukosky's vehicle was stopped about 3:30 p.m. April 25 at a traffic signal in the northbound lane of Highway 67 at Pabst Road in Oconomowoc when it was struck by Benson's sport utility vehicle.
Bukosky, 39, of the Town of Oconomowoc, was pronounced dead at the scene. Courtney died the next day from her injuries. Bukosky's son, Zachary Bella, 12, was released from a hospital after being treated for his injuries.
Deborah was seriously injured in the crash and recently was released from Children's Hospital of Wisconsin.
According to the criminal complaint, Benson was under the influence of oxycodone, a painkiller; Ambien, a sleep aid; and Xanax, used to treat anxiety.
Benson has a history of drug and alcohol abuse dating back to at least 1993, according to public records.
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