NEAR ROGUE RIVER, Ore. — Several charges were never filed against a man who was arrested for having meth in his car, which police say his 6-year-old daughter then ingested.
28-year-old Elijah Benbow was pulled over on Interstate 5 on Monday. Jackson County Sheriff Deputies discovered several bags of meth in his car. After talking with his 6-year-old, she told them she ate methamphetamine.
The District Attorney’s Office never filed two charges against Benbow: Delivery of a controlled substance and child neglect in the first degree. The attorney in the case says there was not enough evidence to show he was planning to sell or make meth.
“And the statute involving child neglect in the first degree makes it so that we can only charge child neglect in the first degree either if the person is delivering or manufacturing a controlled substance,” explained Jackson County Deputy district attorney Nick Geil.
Benbow was charged with driver under the influence and reckless endangering. He has posted bail.