Drunk-Driving Case : Ex-Prosecutor Pleads Guilty in Crash Death

A former deputy district attorney pleaded guilty Monday to vehicular manslaughter with gross negligence in connection with a Sept. 2 drunk-driving crash in Valley Center that killed an Escondido woman.

Charles Van Dusen, 37, who resigned as a prosecutor in the district attorney’s Vista office after the accident, faces a possible 10-year prison term when he is sentenced Jan. 23 in San Diego Municipal Court.

Van Dusen’s attorney, Richard Mills, said he will ask that Van Dusen be sentenced to probation and be confined locally, either in County Jail or at an honor camp, rather than be sent to prison.

Van Dusen entered his guilty plea before San Diego Municipal Judge Jesus Rodriguez on Monday morning, just as his preliminary hearing was to start. At the request of state prosecutors, Rodriguez then dismissed four lesser charges against Van Dusen, including two related counts of felony drunk driving and two related counts of possession of a concealed, unlicensed weapon in his vehicle.

No Plea Bargain

Attorneys on both sides said there was no plea bargain, and Deputy Atty. Gen. Jeffrey Koch told reporters he will argue that Van Dusen receive the maximum, 10-year prison term when Van Dusen is sentenced.

Crashed on Cole Grade Road

The attorney general’s office prosecuted the case on behalf of the district attorney’s office because of a possible conflict of interest.

The crash occurred on Cole Grade Road in Valley Center shortly after noon Sept. 2. According to the California Highway Patrol, Van Dusen apparently lost control of his Chevrolet Corvette after passing a truck, and struck a car being driven by Carol Bensen, a schoolteacher who was returning to her home in Escondido after preparing her classroom for the beginning of classes the next week in Pauma Valley. Bensen died at the scene of massive injuries.

Van Dusen received minor injuries and his wife, Susan, a passenger in the car, was uninjured.

Van Dusen had been grieving over his wife’s miscarriage earlier in the week, had taken two days off work, and had been drinking the night before the crash, Mills said. But Van Dusen had not been drinking that morning, Mills said; the couple had been shopping in Escondido, where they live, and were driving to his parents’ home.

At the time of the crash, Van Dusen’s blood alcohol level was measured at 0.18 by breath and 0.20 by blood. A blood alcohol level of 0.10% means a person is legally intoxicated.

Van Dusen resigned from the district attorney’s office 20 days after the crash.

At sentencing, Rodriguez can sentence Van Dusen to either probation, a combination of probation and local jail time, or prison terms of 4, 6 or 10 years.

Koch said he would seek the stiffest sentence because “there are issues dealing with his background and the particular facts of the offense that warrant the argument that the more aggravating term be imposed.”

Something to Think About

Koch said Van Dusen was driving about 90 m.p.h. at the time of the crash. “That’s something to think about,” he said.

Mills contended, however, that there were no legally aggravating circumstances that would dictate the most severe sentence.

Among justifications for an aggravated sentence, Mills said, are prior convictions and a pattern of violent conduct--criteria Van Dusen doesn’t meet.

To Recommend Probation

He said he will recommend to the judge that his client be put on extended probation, have his driving privilege limited and perform community service as an attorney, in addition to serving some time locally in custody.

Mills said Van Dusen decided to plead guilty last week. “We may well have had a defense to the gross negligence part of the case, but we didn’t have a defense to the rest of the charges,” Mills said.

“Van Dusen took the position he didn’t want to go through this emotionally, didn’t want his family to go through it emotionally, and didn’t want the family of the victim to go through it emotionally. He decided to terminate the litigation at this point.

“We all feel some relief in the sense the case is over, but there still is a big concern in terms of the penalty,” Mills said.

Koch said he felt obligated to push for the maximum sentence because “I’m an advocate for the state. Whether he deserves 10 years is up to the judge, but it’s my obligation as the prosecutor to present that (request) to the court. He’ll do the right thing.”

Uncomfortable Situation

Koch said the prosecution of a former deputy district attorney was “an uncomfortable situation . . . we tried to treat him like we do everybody else.”

After Van Dusen’s plea, Catherine Benson, the victim’s daughter, told reporters: “I’m happy he has accepted the responsibility. I feel he should get the maximum sentence.”

Natalie Greetzman, vice president of the San Diego County chapter of Mothers Against Drunk Driving, said after the plea: “We’re gratified by the turn of events. We’re glad to see a drunk-driver criminal stand up there and admit his guilt. He should have known better than anyone else the consequences of drinking and driving.”

Van Dusen, who had been a prosecutor for three years, remains free on his own recognizance.