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Citizen's arrest of Herbert thwarted
This is an archived article that was published on sltrib.com in 2004, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

An upset Utah County man sought to make a citizen's arrest on the Republican candidate for lieutenant governor Monday after a campaign appearance with the Tooele Rotary Club.

But when Gary Herbert attempted to flee, an altercation ensued between the man and a campaign employee. And now the Tooele police and the state Department of Public Safety are attempting to determine whether an assault took place.

The bizarre political spectacle stemmed from an ongoing dispute in which Robert Bennion claims Herbert, a Utah County Commissioner, helped Sundance resort in Provo Canyon tap into his private water system.

Bennion, armed with a three-page notice of arrest that he drafted, approached Herbert after the Rotary Club meeting.

"I shook hands with him. He said, 'Hello.' And I said, 'You are under arrest. Go with me,' ” Bennion said.

He attempted the citizen's arrest to highlight what he claims are Herbert's illegal actions.

But Herbert did not comply with Bennion's order.

A campaign staffer blocked Bennion as Herbert made his way to his car.

Bennion said he attempted to approach Herbert again, but was stopped, this time by a campaign employee, Robert Higgins.

"I finally told the other guy to stop or I would have to use some force on him," Bennion said, explaining that he then pushed and punched Higgins in the face.

Bennion claims Herbert forced him out of the way with his car. Herbert's campaign workers dispute that allegation. Tooele police Lt. Steve Swartzfager says he has not talked to enough witnesses to know what happened.

Higgins notified Tooele police after Bennion left the area. The punch bent Higgins' glasses, but he is otherwise fine, according to Jason Chaffetz, campaign manager for Jon Huntsman Jr., Herbert's running mate

Attorney Claire Summerhill is representing Bennion in the water dispute and said she knows Bennion's frustration level has grown throughout this campaign season.

"He kind of talked about doing this, but I really didn't take him seriously," she said.

mcanham@sltrib.com

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