Court dismisses charges against ex-deputy

INDIANAPOLIS (WISH) - Obscene performance charges against a former Marion County deputy have been dropped.

John Benton, 26, was accused of sending four pornographic photos and two pornographic videos of his genitalia to female waitresses at Indianapolis establishments . He was arrested May 15.

Sheriff John R. Layton terminated Benton after reviewing the case in May.

Marion County Sheriff's investigators say Benton admitted to them that he took the photos and videos and sent them to the two women, but he justified it, saying the two girls were flirting with him.

According to court documents, however, Benton claims what he did was done in private.

Benton says he took nude photos of himself in the privacy of his home and sent them "privately" to the two women by sending them directly to their personal cell phones while they were at home.

Benton further claims in depositions taken from the two women, that neither expressed objection to receiving the pictures.

The court agreed with Benton's claim that the transmissions were consensual and private and therefore did not constitute an obscene performance as defined by state statute.