Michael Makale Benning, 24, of Chattanooga, was sentenced Tuesday in Whitfield County Superior Court for four counts of felony fleeing to elude a police officer, one count of possession with the intent to distribute marijuana and one count of driving on a revoked license.
Judge Scott Minter presided over the sentencing hearing and sentenced Benning to 21 years to serve in the Georgia Department of Corrections. Assistant District Attorney Walt Eddy represented the state, and Assistant Public Defender William Moses represented Benning.
Michael Makale Benning, 24, a resident of Chattanooga, was found guilty Tuesday afternoon by a Whitfield County jury of four counts of felony fleeing to elude a police officer and one count of possession with intent to distribute marijuana. Judge Scott Minter presided over the trial and set sentencing for July 11 at 1:30pm. Assistant District Attorney Walt Eddy represented the State, and Will Moses and Micah Gates represented Mr. Benning. Evidence in this case was presented from June 26-27. Assistant DA Eddy called eight witnesses and presented 15 exhibits, including dash cam footage from pursuing law enforcement vehicles and numerous pictures of the wrecked vehicles. The evidence established that on the evening of Sept. 22, 2022, Benning fled from a routine traffic stop on Interstate 75 southbound in Catoosa County into Whitfield County, where he was pursued by Trooper Joseph Elsberry and Officer Cody Sturdivan. While fleeing from Trooper Elsberry and Officer Sturdivan, Benning exceeded speeds of 120 mph and drove recklessly, putting other motorists on the interstate at risk of receiving serious bodily injury. To protect the lives of others on the road, Trooper Elsberry brought Benning’s flight to an end by performing a 120 mph PIT maneuver, causing both Benning and Trooper Elsberry to crash. Despite having two broken ribs and a collapsed lung as a result of the crash, Trooper Elsberry was able to exit his vehicle and correctly identify Benning as he fled into the nearby woods. Gordon County Sheriff’s Department arrived on scene and conducted a manhunt for Benning in the woods, where he was subsequently found by Deputy Gavin Phillips and Captain Dylan Nicholas. A search of Benning’s vehicle revealed he was in possession of a large amount of marijuana with the intent to distribute it. After receiving treatment at Hamilton Medical Center, Trooper Elsberry made a full recovery. Benning faces 10 years in prison on each of the four felony fleeing to elude charges, an additional 10 years for possession of marijuana with intent to distribute and an additional 12 months for driving while license revoked. Benning has previously been convicted of possession with intent to distribute a schedule VI controlled substance and possession of a firearm during a dangerous felony in Rutherford County, Tn., and also has a pending fleeing to elude charge in East Ridge. Benning was taken into custody after being found guilty on June 27, and will remain in custody pending the sentencing hearing on July 11.
PREVIOUSLY: According to the Georgia State Patrol Public Information Office, “These are the preliminary findings by GSP Post 5 Dalton. This is an ongoing investigation.” On Sept. 22nd, at approximately 11:05 p.m. a Trooper located a Mini Cooper from a BOLO on I-75 SB at MM 328 that had just fled from a Ringgold Police Department officer on a traffic stop for speeding. The driver of speed away from the RPD officer at speeds over 120 mph. The trooper observed the Mini Cooper pass him, driving extremely recklessly at speeds well over 120 mph, and attempted to conduct a traffic stop on the vehicle. The driver failed to stop and initiated a vehicle pursuit. A PIT maneuver was performed just inside Gordon County at mm 319. Both the Mini Cooper and Georgia State Patrol vehicles exited the right side of the roadway and overturned several times. The suspect exited his vehicle and fled on foot into the woodline. The unidentified suspect was apprehended a short time later by Gordon County Deputies. It was later determined the subject had several pounds of marijuana in the trunk of the vehicle. The trooper and the suspect were injured and transported to Hamilton Medical in Dalton. The suspect will be charged with Felony fleeing, Reckless Driving, Obstruction, and a list of misdemeanor violations.
