10:10 PM CDT on Saturday, May 8, 2010
By CANDACE CARLISLE / Denton Record-Chronicle
ccarlisle@dentonrc.com
The man killed in a Denton city parking lot Friday after a child custody exchange went awry has been identified as Richard Benovic of Justin.
Benovic, 49, had arranged to meet his estranged wife to pick up his children, ages 9 and 13, at a City Hall East parking lot at Railroad Avenue and East McKinney Street, said Denton police Capt. Lenn Carter.
The woman brought along her boyfriend, identified as Gary Landers, 54, to the drop-off location. Police have charged Landers with murder. He was being held at the Denton County Jail in lieu of $250,000 bail.
Benovic became upset and reportedly threatened Landers, who pulled out a gun and fired multiple shots into Benovic's torso, Carter said.
Benovic, who police say was unarmed, died soon after the shooting at 5:48 p.m.
Landers, a retired federal law enforcement officer, said he shot the man in self-defense, Carter said.
Benovic's estranged wife, Ana Benovic, and her children were living with Landers in the San Angelo area, about 275 miles southwest of Denton.
The drop-off location was chosen because it was near law enforcement and there had been a history of trouble in the broken relationship, Carter said.
Richard Benovic was an angry man and a verbally and physically abusive husband, his estranged wife said.
"He was a bully," Ana Benovic said.
She said she recently took the couple's two children and moved in with her boyfriend in the San Angelo area.
She filed for divorce in January, and she and Richard Benovic were engaged in a prolonged legal dispute over custody of their children, she said.
The arranged child custody exchange had already occurred Friday evening before the confrontation took place, she said.
"All he had to do was get in the van and drive, but he charged Gary," Ana Benovic said. "He was about to get the gun."
Richard Benovic was angry and moved toward Landers, who had his gun drawn and was warning him to stop, but he wouldn't, she said. Then Landers shot.
"He came at us; we had no choice," she said.
Ana Benovic said the shooting has been very difficult for her family, especially her 9-year-old daughter, who witnessed the shooting.
"He wasn't a saint by any means, but he didn't deserve to die," Ana Benovic said.
Landers worked for the Federal Aviation Administration, she said, and recently had been conducting seminars and providing for her children. Her son is severely disabled and has significant needs, she said.
Landers had no previous criminal record in Denton County, but Carter said police are still conducting an investigation.
Richard "Rick" Benovic cared deeply for his children and was a kind and compassionate man, said his family members.
"His whole world revolved around his family – that's all there was in the world," said his niece Angie Benovic.
She said her uncle had become a surrogate father to her after her father suffered a fatal heart attack eight years ago on May 7 – the same date Richard Benovic was killed.
Family members said they didn't understand the shooting and felt the use of deadly force wasn't warranted against an unarmed man.
"If he felt threatened, why not shoot him in the leg? Why kill him? I just don't understand," Angie Benovic said.
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