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By Edward Lewis elewis@timesleader.com
Staff Writer
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WILKES-BARRE – Shawn Maiers testified Benji Benjamin was being chased.

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Homicide suspect Benji Benjamin, of Wilkes-Barre, arrives for preliminary hearing Monday morning in Wilkes-Barre.

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Don Farrell faces assault charges after a shooting in Wilkes-Barre on June 2.

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Maiers said they were standing in front of Liam’s Place on North Washington Street when Don Farrell allegedly shot Christopher Krisanda at about 1:25 a.m. June 2.

Maiers, 32, ran to his vehicle. So did Benjamin, 22, who was being followed by Thomas Benson, Maiers said.

“A guy was making threats toward Benji,” Maiers testified in reference to Benson. “He said to Benji, ‘If you want to shoot somebody, I’ll shoot you first.’ ”

Maiers said Benson, 38, pounded on the rear window, yelling at Benjamin. When the door opened, Maiers said, he heard gunfire.

Investigators allege Benjamin fired five shots from a .25-caliber handgun striking Benson four times.

Benson died from his injuries.

After a 20-minute preliminary hearing on Monday, District Judge Martin Kane in Wilkes-Barre determined prosecutors established a case against Benjamin, sending an open count of criminal homicide and firearms not to be carried without a license to Luzerne County Court of Common Pleas.

“Pointing a gun at someone and shooting someone five times is intent to kill,” Assistant District Attorney Sam Sanguedolce said.

“The commonwealth’s own evidence has (Benson) threatening my client with a gun. At the very least, it’s manslaughter,” Benjamin’s attorney, David Cross, said.

Maiers and county Detective Daniel Beky were the only witnesses called to testify by Sanguedolce and Assistant District Attorney William Dunn. Beky testified Benjamin, of East South Street, Wilkes-Barre, didn’t have a permit to carry a firearm.

Investigators allege Benson was gunned down after the tavern’s bouncer, Krisanda, 40, was shot in the leg by Farrell.

Before Benjamin’s hearing, Farrell, 28, of North Sherman Street, Wilkes-Barre, waived two counts each of aggravated assault and simple assault, and one count each of reckless endangerment and firearms not to be carried without a license to county court.

Maiers testified he arrived at the tavern to give Farrell a ride home. When he entered the tavern, Farrell and Krisanda were arguing.

“The bouncer was telling Farrell that he was going to drill his teeth down his throat,” Maiers testified.

Maiers said he broke up the fight and pulled Farrell from the tavern. They were followed outside by Krisanda when shots were fired.

“There was all type of commotion going on,” Maiers testified.

Benjamin remains jailed at the county prison without bail. Farrell remains free on $100,000 bail.

Edward Lewis, a Times Leader staff writer, may be reached at 829-7196.