Fayette County DA asks judge to put sex offender back in prison following arrest

FAYETTE COUNTY, Ala. (WBRC) - A prosecutor is asking a judge who recently modified a sex offender’s sentence to put him back in prison.

Fayette County District Attorney Andy Hamlin filed the motion to modify sentence on Friday, less than 24 hours after Timothy Vess Benton was arrested on a violation of the Sex Offender Registration and Community Notification Act (SORNA).

Benton pleaded guilty to two counts of second-degree sodomy in November 2019 and was sentenced to 17 years in prison. He was originally indicted on 48 sex crimes in 2017, but the District Attorney’s Office agreed to dismiss most of those charges as part of a plea agreement, according to court records.

Benton began his sentence on Jan. 31, 2020, according to the Alabama Department of Corrections (ADOC), but in June 2025, Judge Samuel Junkin modified Benton’s sentence to serve the remainder of his time under the supervision of the community corrections program.

In August, Judge Junkin issued an order that Benton be confined to house arrest at his parent’s home and remain on GPS monitoring. Benton was only allowed to leave his parent’s house to go to his father’s shop on the same property, doctor’s appointments, or his family home in Gulf Shores, according to court records.

Judge Junkin also ordered Benton to fully comply “with any and all recommendations made by the [Alabama Department of Mental Health], including any potential Traumatic Brain Injury rehabilitation services offered…”

Court records show Benton was in a serious car accident in 2016 prior to his arrest and had significant injuries.

Benton was “strongly advised” by Judge Junkin in his August order that any violations of his conditions, or violations of conditions of community corrections “will result in the immediate removal of the Defendant from Community Corrections and he will be required to serve the balance of his sentence in the Department of Corrections.”

In late August, dozens of people protested Judge Junkin’s ruling outside the Fayette County Courthouse.

“Hopefully, that he goes back to prison. Anyone that messes with kids, hopefully they have to do the whole time, and no parole, no CCP or anything,” said Chris Johnson who organized the protest.

Another woman told WBRC 6 News, “I feel like them letting him out of jail is wrong. I believe in right is right and wrong is wrong, and them letting him out is just wrong. And if they’re not going to stand up for the children, them I’m with every body else that is here and we are going to stand up for the children.”

According to court records, Benton “failed to appear in person and provide a current and valid identification card,” as required by law as a convicted sex offender.

A warrant for his arrest was issued on Sept. 4 and court records show he was arrested at 4:30 that afternoon. His bond was set at $2,500, which Benton made shortly following his arrest.

DA Hamlin is asking Judge Junkin to order Benton to serve the remainder of his original sentence in ADOC custody.

The judge has yet to rule on the motion.

Get news alerts in the Apple App Store and Google Play Store or subscribe to our email newsletter here.