McIntosh waives rights to jury trial
says he's guilty of voluntary manslaughter charge
Wanda English Burnett
Last week Jeremiah J. McIntosh, 34 of Holton, pled guilty to Voluntary
Manslaughter, a Class B Felony.
The charge stemmed from a fight that occurred on April 3 when
McIntosh beat Jeffrey Benham, 48, Versailles, with a baseball
bat. Benham later died from those injuries.
According to the plea agreement filed on December 20 in Ripley
County Circuit Court, McIntosh waived his right to a jury trial.
The agreement is that the defendant will be sentenced to 20 years
in prison with three years suspended to probation. He will receive
credit for any days already served regarding the incident.
After McIntosh has served his 17 years with the Department of
Corrections, he will have to follow terms of probation such as
not committing a criminal act or violate any traffic law, pay
probation fees, receive any treatment directed by the probation
department, follow additional terms of probation as the court
determines and have no contact with Benhams family.
According to Ripley Publishing Co. files, McIntoshs twin
brother, Jason, told police that Benham showed up at his residence
with at least 40 people the day of the fight. He told police that
basically his brother was defending himself against Benham.
After the fight, McIntosh fled to St. Cloud, Florida, and was
arrested there on May 4. He was transported back to Ripley County
and incarcerated at the Ripley County Jail.
McIntosh had just been released from jail on a separate charge
the day before the incident occurred. He told police he was scared
and thats why he went to Florida. He told police Benham
had a stick in his hand when he came up the driveway and that
Benham swung at him first. He said he only hit Benham once.
In the Probable Cause Affidavit a pathologist at University Hospital
noted that Benham died from blunt force trauma.
There were a lot of people at the residence where the fight took
place. Many had different stories of what had actually happened.
Some of those involved in telling police lies have been charged
since and already served their time.
McIntosh will be sentenced in January.