Deputy Sues Three Brothers Over Fatal Brawl

An Orange County sheriff’s deputy who was shot in the face during a melee with three brothers June 27 that left a woman dead filed a civil law suit on Thursday accusing the three of assault.

Deputy Sheriff Leon Benningsdorf claims in his Superior Court suit that the brothers resisted arrest and started a fight in front of Charles Slender’s home near Tustin that led to what a judge has called an “unfortunate situation” in which “the only innocent person” died.

The suit against Charles G., Monte and Stephen Slender comes one month after the Slenders sued Benningsdorf, Deputy Sheriff Benjamin Stripe and Orange County, claiming the deputies precipitated the fight by using excessive force in trying to arrest Monte; the suit accuses the county of negligent employment of the deputies.

During the fight, Charles Slender’s wife, Deanna, 23, who was trying to break it up, was fatally shot by Benningsdorf. Then the deputy and Charles Slender shot and seriously wounded each other.

The fight began after the deputies issued a traffic ticket to Charles Slender.

Neither lawsuit specifies the amount of damages sought, but both seek punitive damages.

The criminal case against the Slenders has prompted questions by Orange County Superior Court Judge Richard Beacom and others concerning the ability of the Sheriff’s Department to fairly investigate shooting incidents in which its own officers are involved.

In a Jan. 7 ruling in the criminal case, Municipal Judge Eugene Langhauser ascribed “moral blame” to both the deputies and the brothers. But he held the brothers to answer on various charges in a Superior Court trial, which is scheduled for June 3.

Langhauser labeled the melee an “unfortunate situation” in which “the only innocent person” died.

Charles Slender, 21, is charged with attempted murder, assault and assault with a deadly weapon. Stephen Slender, 24, and Monte Slender, 20, are charged with felonious assault, charges that Langhauser recommended be treated as misdemeanors in Superior Court. Langhauser dismissed other charges against Stephen and Monte Slender.