Prosecutor Accused in Drunk-Driving Death Resigns

Deputy Dist. Atty. Charles A. Van Dusen, accused of killing an Escondido woman while driving drunk, has resigned as a prosecutor, his attorney said Thursday.

In a letter to San Diego County Dist. Atty. Edwin Miller, Van Dusen said he realized he could no longer perform effectively. Van Dusen joined the office in April, 1985.

Van Dusen’s blood alcohol level allegedly was 0.18%, by breath test, and 0.20%, by blood test, after the crash Sept. 2 on Cole Grade Road in Valley Center. A blood alcohol level of 0.10% is legally intoxicated.

Van Dusen, who had taken the day off from work because his wife had suffered a miscarriage earlier in the week, apparently lost control of his Chevrolet Corvette after passing a truck, according to the California Highway Patrol, and struck a car driven by Carol Frances Benson, who teaches in Bonsall. She died at the scene of massive injuries.

Van Dusen Injuries Minor

Van Dusen, 37, received minor injuries and his wife, Susan, a passenger, was uninjured.

The district attorney’s office deferred prosecution of Van Dusen to the state attorney general’s office, as is customary when deputy district attorneys themselves face criminal charges. Specific charges against Van Dusen are expected to be filed within two weeks, and could range from felony vehicular manslaughter to second-degree murder, said Janelle B. Davis, the supervising deputy attorney general in San Diego.

Davis said that her office will still prosecute Van Dusen.

District attorney spokeswoman Linda Miller said is is “a tragic situation, but, because of the potential charges, it’s probably good for everyone concerned that he has resigned.”

Asked whether Van Dusen’s resignation was sought, she said: “It was expected.”

Van Dusen, who was assigned to the district attorney’s office in Vista, remains free on his own recognizance, and was reported by his attorney, Richard Mills, to be under the care of his physician.

‘Aware of My Obligations’

In his resignation letter, mailed Wednesday afternoon, Van Dusen wrote:

“I would like to keep my job and continue my career as a prosecutor. However, I am also aware of my obligations to you as the District Attorney and to the people of San Diego County.

“I realize that my position as a deputy district attorney will cause the case to receive continuous publicity that it would not otherwise receive.

“I know that my ability to work as a prosecutor has been compromised. I also believe my continued presence as a deputy district attorney would make it more difficult for other prosecutors to work effectively. I believe this would not be fair to the family of Carol Benson or to the office of the district attorney.”

He said he will remain on sick leave until the effective date of his resignation, next Friday.