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Benson said he did not resist arrest and was not boating while intoxicated.

Benson said he and a dozen family members and friends, including his mother, took his 37-foot boat out for the second time this spring. And for the second time, he was pulled over by police, Benson said. "We were in a cove with a lot of other boats filled with young people partying," Benson said. There was alcohol on board his boat but he was not drunk, Benson said. When police boarded to check if the boat met all safety standards, it did -- enough life jackets for everyone on board, working fire extinguisher and a proper license, Benson said.

"I get pulled over every time I take my boat out," Benson said. "It's Austin, Texas. They know me."

Benson said an officer asked him to board the police boat for an abbreviated sobriety test during which he recited the alphabet. Benson said he recited it without any mistakes. He said he was also asked to count forward and backward "at least 20 times." Benson said he kept asking the officers why they were doing this, while the police boat slowly drove away from where his own boat was parked.

Benson said that after the abbreviated sobriety test, the officer didn't charge him or say he'd failed the test, but that they wanted to take him in to land for more testing. "Why? I've passed every test," Benson said he asked the officer. Benson said he was polite, even calling the officer "sir," and that he never cursed or yelled until the officer suddenly put down his flashlight and pepper sprayed him in the eyes. At that point, Benson started yelling for his mother, but was so far away from his own boat no one could hear, Benson said.

With regard to the police claim that Benson refused to wear a life jacket, Benson said he was never offered one. He said police threw one over his head before departing the boat.

Benson said he was carried and dragged to a squad car once reaching land, but not because he was resisting officers. He said it was because his ankles and feet were kicked out from under him, and so he couldn't walk. Benson said he pleaded with police. "Please sir, let me just walk off the boat like a man," Benson said he told the officer.

Benson said he was repeatedly sprayed in the face with a water hose until he could no longer speak. Benson said he begged the officer to stop.

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Cartwright, an English major at the University of Texas who is to graduate later this month, estimated she and her fiance had been boating with Benson six times this spring and each time a Lower Colorado River Authority boat pulled them over for a safety check.
According to Cartwright, she had consumed one beer and Benson had two drinks.

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