Man sentenced in road-rage incident involving DEA agent

SAN JOSE >> A San Jose man who hurled a chisel at a U.S. Drug Enforcement Agency officer during a road-rage incident has been sentenced to 2½ years in federal prison, according to court records.

Benjamin Morales, 43, pleaded guilty to assault on a federal officer earlier this year.

The road-rage incident occurred in May 2017. Morales was driving about 80 mph on Interstate 680 in a Chevy Suburban when he “became enraged” at another motorist for driving too slowly in the fast lane, federal prosecutors wrote in a sentencing memorandum.

That motorist was DEA Special Agent Ben Curtis, who was behind the wheel of an unmarked government-issued Dodge Journey.

Morales switched lanes, pulled alongside Curtis and threw a chisel at his SUV. The chisel broke the rolledup front passenger-side window and landed in Curtis’ lap, according to prosecutors.

“These basic facts of the case make two conclusions clear. First the chisel smashed Agent Curtis’ front window and landed on his lap because Morales intended to hit Agent Curtis with the chisel,” the prosecutors wrote.

“Second, if not for Agent Curtis’ steel nerves, he or someone else very well could have died from Morales’ assault,” the prosecutors continued, “and Morales is therefore lucky that his criminal conduct was merely an aggravated assault, not a homicide.”

Morales admitted to throwing the chisel at Curtis’ SUV, but he had only intended to hit the door, according to a sentencing memorandum written by his federal public defenders.

“There is no evidence Mr. Morales intended to hit the window, much less the driver, when he threw the chisel at the passenger side of the vehicle,” they wrote. “Thankfully, no one was injured in the offense, which resulted in minor damage of less than $250.”

Both sides agreed that Morales did not know Curtis was a federal officer at the time of the road-rage incident.

Prosecutors called on Judge Edward Davila to sentence Morales to 51 months. They pointed to the possibility that someone could have been killed, as well as Morales’ past convictions for assault and battery, inflicting corporal injury on a cohabitant and residential burglary. He is also facing charges of kidnapping to commit robbery.

Morales’ attorneys, meanwhile, urged the judge to give their client 12 months, writing in their memo that he “is profoundly remorseful for his dimwitted, impulsive and rash conduct.”

In the end, Davila appeared to split the difference, sentencing Morales to 30 months on Dec. 3. Morales was also ordered to serve three years of supervised release and pay a $100 special assessment fee.