Commonwealth v. Mark Bennett; Commonwealth v. John Bennett; Court Case Update

Virginia Beach, Va. – Charges of conspiracy to commit malicious wounding for Mark Bennett, age 59, of Virginia Beach, and John Bennett, age 54, of Virginia Beach were dismissed today in Virginia Beach General District Court.  The following joint statement from the Virginia Beach Police Department and the Virginia Beach Commonwealth’s Attorney’s Office outlines the investigation and ultimate decision to move to dismiss the charges.

On November 17, 2025, Virginia Beach Police detectives and investigators with Homeland Security began an investigation as a result of a conversation overheard at a restaurant in Virginia Beach on November 15, 2025, by an off-duty Norfolk police officer.   The officer reported hearing two men, later identified as brothers Mark and John Bennett, discussing wanting to harm ICE agents and needing an assault rifle to do so.  The brothers reportedly discussed police wearing bulletproof vests and what assault rifle rounds do to these vests.  The officer reported hearing one brother stating that he was flying to Las Vegas to meet with “like-minded individuals” to get further guidance.

During this initial investigation, the following information was obtained, which corroborated the off-duty officer’s report:

·         One of the brothers (later determined to be Mark Bennett) had a plane ticket to fly to Las Vegas on November 19, 2025, at 10:45 a.m. 

·         The Bennett brothers had been purchasing “many firearms” in the last year, to include an assault rifle.

The evidence obtained indicated the potential for violent attacks on ICE agents by the Bennetts.  Due to exigent circumstances, and after consultation with the Commonwealth’s Attorney’s Office, detectives presented their investigation to a magistrate, who determined there was sufficient evidence to support a charge of conspiracy to commit malicious wounding for both John and Mark Bennett.  On the morning of November 19, 2025, Mark Bennett was arrested at Norfolk International Airport and John Bennett was arrested shortly thereafter. 

The investigation continued and the following information was discovered:

·         The off-duty officer’s wife, who was with him in the restaurant where the initial conversation occurred, had no relevant information to corroborate the off-duty officer’s account. 

·         The Bennetts had not recently purchased any firearms and had not purchased an assault rifle. Federal investigators ran their first and last names, without middle initials, when tracking down gun purchases, which led to inaccurate reports of firearm purchases by the Bennetts. 

·         Mark Bennett had tickets to a Formula One race in Las Vegas with his son, who was booked on the same flight and provided proof of the Formula One tickets. 

·         During a bond hearing in General District Court on November 20, 2025, evidence was presented by defense counsel regarding the Bennetts’ intentions to go hunting in North Carolina.  Mark Bennett spoke at length with police upon his arrest and advised that the discussion overheard in the restaurant pertained to going hunting and how you don’t want to use an assault rifle to destroy animals because you want the meat.  John Bennett was a prior police officer and said he had seen assault rifle shots into bulletproof vests. 

·         An analysis of cell phones and other electronics seized from the Bennetts was swiftly analyzed by investigators.  There was no evidence of any intention to injure or kill ICE agents on any of these electronics.

After reviewing the additional evidence, the Commonwealth’s Attorney’s Office met with investigators from the Virginia Beach Police Department and Homeland Security and together determined that there is no evidence to corroborate the initial statements by the Bennetts that were allegedly heard in the restaurant.  Prosecutors have an ethical duty to review the totality of the evidence and not proceed with charges for which there is insufficient evidence to prove the crimes beyond a reasonable doubt; therefore, we have dismissed these charges. 

Investigators with the Virginia Beach Police Department and Homeland Security acted swiftly upon information they received which indicated a threat of violence or death on government officials.  Any threat of violence in our City will continue to be taken seriously and investigated thoroughly by law enforcement.

Please contact Macie Allen (Commonwealth’s Attorney’s Office) or Rae Pearson Benn (Virginia Beach Police Department) if additional information is desired.