Benson later refuted the charges against him, and stated he requested to take a follow-up field sobriety test on land after failing the initial one. Benson had further accused the officers of abusing him, stating, “I’m not handcuffed. I’m not under arrest. I’m not threatening him. I’m not pushing him. I’m not touching him. And he sprays me right in the eye.” He also asserts that officers continuously struck his ankles and feet to prevent him from walking properly. A female passenger on Benson's boat also claimed to have witnessed the abuse and called her father out of fear for Benson's safety. Her fiancé, also on the boat, may have had dozens of pictures confirming Benson's account.