Darren Benton

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Name:
Benton, Darren Mitchell

Date of Booking:
06/07/2026

Reason(s) For Booking:
CRIMINAL TRESPASS

CRIMINAL DAMAGE TO PROPERTY – 2ND DEGREE

HIT AND RUN

Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]

On June 7, 2026, I, Deputy Schuster, responded to [REDACTED BY AGENCY] W County Line Road in reference to a dispute call. An arrest was made and warrants to be obtained.

On scene, I met with [REDACTED BY AGENCY] who stated on today’s date, [REDACTED BY AGENCY] came to assist [REDACTED BY AGENCY] daughter, [REDACTED BY AGENCY] and son-in-law, [REDACTED BY AGENCY] in moving a chicken coop that a neighbor had been giving them issue with for being “on his property.” The chicken coop was not on the neighbor’s property but they chose to move the coop to alleviate the tension.

[REDACTED BY AGENCY] stated that while they were doing this, the neighbor, Darren Benton, came outside and began cussing and yelling at them regarding [REDACTED BY AGENCY] truck being on his property. [REDACTED BY AGENCY] stated Darren then went and got onto a John Deere tractor and drove it towards [REDACTED BY AGENCY] vehicle, a maroon in color 2004 Ford F-150 bearing GA tag [REDACTED BY AGENCY].

[REDACTED BY AGENCY] stated Darren drove the tractor straight up to the truck, put the front loader under [REDACTED BY AGENCY] truck, and then pushed the truck with the front loader. I observed markings on the ground that were consistent with the tires being pushed across the yard. [REDACTED BY AGENCY] front, passenger side tire and rim sustained damage due to this.

[REDACTED BY AGENCY] was able to provide me with video that [REDACTED BY AGENCY] took of Darren driving away on the tractor after the incident occurred. [REDACTED BY AGENCY] stated [REDACTED BY AGENCY] attempt to get the entire incident on video but was unable to get [REDACTED BY AGENCY] phone out fast enough.

In the video, I observed Darren driving the tractor away from the moved truck. I could hear [REDACTED BY AGENCY] asking Darren what he was doing and Darren responded with, “fu*k you.” During the incident, [REDACTED BY AGENCY] had been at work but both [REDACTED BY AGENCY] and [REDACTED BY AGENCY] witnessed Darren commit the act. [REDACTED BY AGENCY] stated [REDACTED BY AGENCY] wished to prosecute for the damage to his truck. [REDACTED BY AGENCY] estimates the total damage for the tire and rim to be around $750.00.

[REDACTED BY AGENCY] arrived on scene and advised me Darren has been going through ups and downs with [REDACTED BY AGENCY] and [REDACTED BY AGENCY] husband. [REDACTED BY AGENCY] stated some times Darren is okay with them and will come over to their residence or invite them to his in order to show them things. [REDACTED BY AGENCY] stated lately, Darren has seemed to be acting in a manner that has caused [REDACTED BY AGENCY] a significant amount of stress and fear for [REDACTED BY AGENCY] safety in [REDACTED BY AGENCY] own home.

[REDACTED BY AGENCY] stated Darren recently ran over his mailbox, [REDACTED BY AGENCY] mailbox, and their neighbor [REDACTED BY AGENCY] mailbox. [REDACTED BY AGENCY] stated [REDACTED BY AGENCY] has been advised of previous occasions where Darren has stated he was going to drive his tractor through [REDACTED BY AGENCY] house. [REDACTED BY AGENCY] stated this is stemming from him wanting the property and house [REDACTED BY AGENCY] lives in.

[REDACTED BY AGENCY] stated multiple times during my time on scene that [REDACTED BY AGENCY] is in fear for [REDACTED BY AGENCY] life knowing how Darren is acting. [REDACTED BY AGENCY] stated [REDACTED BY AGENCY] has overheard him talking about another individual that took out a temporary protection order out against him and it has caused [REDACTED BY AGENCY] to believe he will retaliate significantly against them when they obtain one themselves.

A second neighbor, [REDACTED BY AGENCY] arrived on scene. [REDACTED BY AGENCY] resides at [REDACTED BY AGENCY] W County Line Road and is the property owner of [REDACTED BY AGENCY] W County Line Road. While speaking with [REDACTED BY AGENCY] about the property line, [REDACTED BY AGENCY] noticed part of [REDACTED BY AGENCY] fence had been knocked down. [REDACTED BY AGENCY] stated [REDACTED BY AGENCY] left on Friday for a camping trip and [REDACTED BY AGENCY] fence was still up.

[REDACTED BY AGENCY] stated Darren had been clearing land back behind his house and pushing trees onto [REDACTED BY AGENCY] property. [REDACTED BY AGENCY] stated [REDACTED BY AGENCY] was advised that Darren had been the only one out doing work while [REDACTED BY AGENCY] had been gone. [REDACTED BY AGENCY] stated [REDACTED BY AGENCY] saw Darren out on the tractor in the area where the fence was knocked down on yesterday’s date. [REDACTED BY AGENCY] stated [REDACTED BY AGENCY] did not know why Darren would damage [REDACTED BY AGENCY] fence.

[REDACTED BY AGENCY] did state that Darren has been wanting to obtain the two properties [REDACTED BY AGENCY] owns as for some reason he believes he is entitled to them even though they are a part of [REDACTED BY AGENCY] family’s trust. [REDACTED BY AGENCY] stated [REDACTED BY AGENCY] wished to prosecute for the damage to [REDACTED BY AGENCY] fence. [REDACTED BY AGENCY] stated the estimated cost of damage is around $70.00 for the fence and $30.00 for the mailbox; totaling $100.00.

At the time of the call, all parties stated Darren had left the residence right after the incident happened on a purple in color motorcycle. Through Flock Safety, Darren’s motorcycle tag was located, GA tag [REDACTED BY AGENCY]. We were unable to located Darren during the time of the call and advised everyone to call us if Darren returned. The last known location we were able to see was Darren had gone to Braselton around 12:30pm on this date.

At around 1:30pm on the same date, we received a call stating Darren had returned home and was currently in the backyard on his tractor again. When deputies arrived on scene, they were advised by [REDACTED BY AGENCY] that [REDACTED BY AGENCY] heard what sounded like gun fire coming from Darren’s direction.

Deputies made contact with Darren at his front door and placed him under arrest. Darren refused to put his hands behind his back initially but then complied. Darren was handcuffed in the back, checked for fit and double locked, and placed in the rear of Deputy Motes patrol vehicle. During the initial interaction, Darren had spontaneous utterance of the incident and admitted to pushing the truck with the tractor and stated it was to get the truck, “off his property.” Darren also admitted to knocking down [REDACTED BY AGENCY] fence.

While in the rear of Deputy Motes’ patrol car, I read Darren his Miranda Warning in order to ask him further questions on the incident. Before I could read him the Miranda Warning, Darren advised me it was “bullsh*t” that they parked on his property and he was going to jail for pushing the truck off. I then read Darren his Miranda Warning. When I asked if he understood, he stated, “I plead the fifth.” When I asked if he would like to answer any further questions, he stated again, “I plead the fifth.” Deputy Motes then transported Darren to the Banks County Jail where he was turned over to jail staff without incident.

I did photograph the damage to the truck and the area around the truck to show where it was moved. I did photograph the damage to the fence as well. I also photographed Darren’s tractor. All photos were uploaded to Evidence.com using the Axon Capture app. All parties were advised of the TPO process. All parties were provided with a case number for this report.

Warrants for Criminal Damage in the Second Degree and Criminal Trespass to be obtained and signed by the next on-duty Magistrate Judge.

[End of Narrative]

All information is sourced directly from the official, public court database. Case history is organized and curated by The Georgia Gazette staff. The “What this means:” explanations are written by AI and reviewed by our staff before publishing.

Court records are subject to change at the court’s discretion. The Georgia Gazette is not responsible for errors or omissions. Nothing here is legal advice. All individuals are presumed innocent until proven guilty in a court of law.

Case History:

7/8/26

GRAND JURY RETURNS INDICTMENT — 2 COUNTS FILED AGAINST DARREN MITCHELL BENTON

What this means: A Banks County grand jury formally charged Darren Mitchell Benton with two criminal offenses in case number 26CR434, filed in the Banks County Superior Court on July 8, 2026. District Attorney George R. Christian is prosecuting the case, with Sydney Schuster listed as prosecutor.

Count 1 accuses Darren Mitchell Benton of Criminal Damage to Property in the Second Degree (O.C.G.A. 16-7-23). He is alleged to have intentionally damaged a tire rim belonging to a property owner by driving a tractor into the side of the owner’s truck without consent, causing damage exceeding $500.00. This allegedly occurred on or about June 7, 2026, in Banks County.

Count 2 accuses Darren Mitchell Benton of Criminal Trespass (O.C.G.A. 16-7-21(a)). He is alleged to have intentionally damaged a fence and mailbox belonging to another property owner by driving a tractor into them without consent, causing damage of less than $500.00. This allegedly occurred on or about June 7, 2026, in Banks County.

7/10/26

NOTICE OF ARRAIGNMENT ISSUED TO DARREN MITCHELL BENTON

What this means: The Banks County Superior Court issued a formal notice requiring Darren Mitchell Benton to appear for arraignment — the hearing where a defendant is formally read the charges against them and enters a plea — on August 4, 2026, at 9:30 AM at the Banks County Superior Court, 144 Yonah Homer Rd., Homer, GA 30547. The notice was mailed by Clerk of Superior Court Tim Harper. The charges listed in the notice are Criminal Damage to Property in the Second Degree, Criminal Trespass, and Duty to Stop at Scene of Accident (Hit & Run). Failure to appear could result in a bench warrant for Darren Mitchell Benton’s arrest and possible forfeiture of bond.

7/13/26

RULE NISI ISSUED — MARTIN HEARING SCHEDULED FOR DARREN MITCHELL BENTON

What this means: Judge Carlton H. Jones III of the Banks County Superior Court (Mountain Judicial Circuit) issued a Rule Nisi — a court order setting a date for a hearing — in response to Darren Mitchell Benton’s request for a “Martin Hearing.” A Martin Hearing is used to determine whether a defendant financially qualifies to have a public defender appointed to represent them at no cost. The hearing is scheduled for August 26, 2026, at 9:00 AM at the Habersham County Courthouse. This order was signed on July 2, 2026, and filed in the Banks County Superior Court on July 13, 2026, under case number 26CR434, citation number 40251, warrants W26-0495 and W26-0496.