Virginia High School Assistant Principal and brother ARRESTED for alleged plot to kill ICE agents

A Virginia high school principal and his brother were arrested for allegedly planning to carry out a heinous attack involving firearms and explosives to kill US Immigration and Customs Enforcement (ICE) agents, the Department of Homeland Security (DHS) announced on Wednesday.

John Wilson Bennett, and his brother Mark Booth Bennett, have each been charged with conspiracy to commit malicious wounding. According to DHS, the pair was overheard by Virginia state police officers on November 17 discussing alleged plans to "kill police officers and ICE agents." Additionally, Mark was allegedly overheard stating his intention to meet with like-minded individuals in Las Vegas, Nevada, to purchase firearms with explosive rounds to carry out the killings, according to the press release.

John Bennett is the Assistant Principal of Kempsville High School in Virginia. He was arrested on November 19 in Virginia Beach. That same day, authorities captured Mark Bennett at the Norfolk International Airport, where he was scheduled to depart on a flight to North Carolina, en route to Las Vegas.

"It's chilling that a human being, much less a child educator, would plot to ambush and kill ICE law enforcement officers - offering such specifics as to getting a high-caliber rifle that would pierce the law enforcement's bulletproof vests. Thanks to Homeland Security Investigations and our partners, these men are behind bars," said Assistant Secretary Tricia McLaughlin.

"Our officers are facing a more than 1,150% increase in assaults against them and an 8,000% increase in death threats while they risk their lives every single day to remove the worst of the worst, including murderers, rapists, pedophiles, terrorists, and gang members," she continued. "From bounties placed on their heads for their murders, threats to their families, stalking, and doxxing online, our officers are experiencing an unprecedented level of violence and threats against them and their families."

Both individuals were formally charged under Virginia state law. Court dates have not yet been set, and their complaints are currently under seal. DHS did not disclose potential motives in this case.

Update

Charges against Kempsville HS assistant principal, brother dropped

VIRGINIA BEACH, Va. (WAVY) — Charges against a Kempsville High School assistant principal and his brother, accused of threatening acts of violence against police and Immigration and Customs Enforcement, were dropped Thursday during a hearing in Virginia Beach General District Court.

Brothers John Bennett, 54, an assistant principal at Kempsville High School, and Mark Bennett, 59, were arrested back in November after they were allegedly overheard talking by an off-duty Norfolk police officer making violent threats against police and ICE agents. According to court documents, during the conversation at a restaurant, one of the brothers mentioned an assault rifle with the ability to use bullets that could penetrate protective vests. Mark Bennett was also heard saying he would fly to Las Vegas to meet with likeminded people, and how he would return with “enforcement ideas and plans.”

The two men, being represented by different lawyers, had maintained they were just two brothers having a conversation and joking around. They were each charged with conspiracy to commit malicious wounding and had been previously granted $25,000 bond.

Search warrants were executed at both brothers’ homes where, according to Mark Bennett’s attorney, William “Happy” O’Brien, no evidence to support the charges was found.

“Over the past month, the Commonwealth of Virginia and multiple federal agencies conducted extensive searches of their homes and exhaustively reviewed phone, computer, tablets and other electronic devices,” O’Brien said. “After all of that, they did not find a single piece of evidence to support the serious allegations that were made here. Meanwhile, jobs were lost, reputations were damaged and families were put through an ordeal that cannot simply be undone.”

Both brothers appeared in court, alongside their family, almost a month after they were first arrested. The judge approved a motion for dismissal without prejudice for both brothers’ charges.

“This case is a stark example of what happens when aggressive action is taken without a substantive investigation,” O’Brien said. “An intrusion that, as this case demonstrates, can easily land at any citizen’s front door. This was not policing rooted in evidence, restraint, or to protect and serve. It was governmental overreach to push an agenda. Today, the Constitution and the legal safeguards it provides did exactly what they’re supposed to do. They stopped it.”

10 On Your Side also spoke with John Bennett’s attorney, Kristin Paulding, who had a statement from the defendant.

“This has been an absolutely devastating and terrifying experience for my family and me,” John Bennett said in a statement. “We are so grateful for the wonderful expressions of support we have received. We must now attempt to begin the process of healing from this trauma.”

Pauding also spoke to 10 On Your Side about what’s next now that the charges have been dropped.

“The search warrants have been sealed, we want the opportunity to look at those when we’re trying to decide on next steps,” said Paulding, “and now we have to file that motion in Circuit Court. Typically, they’re sealed in the beginning of the investigative process, but that process is over. I would hope, and I would ask Mr. Stolle’s office to unseal those warrants so that he can be transparent with us and with all of you.”

Paulding went on to say she hopes to see Bennett resume his position at Kempsville High School soon.

“I would hope that the school would see that this is a very clear example that there is no criminal behavior by John and that that we can let him come back to work soon,” Paulding said.

Virginia Beach Public Schools confirmed John Bennett, who has been employed with the school division since 2009, is still currently on leave from his position at Kempsville High School. There has been no confirmation yet on whether he’ll continue to work there now that his charges have been dropped.

Virginia Beach Police Chief Paul Neudigate had called the allegations against the two brothers “incredibly alarming,” while Assistant Secretary Tricia McLaughlin with the Department of Homeland Security had called them “chilling.”

In a joint statement from Virginia Beach Police and the city’s Commonwealth’s Attorney Office, they outlined the investigation and the decision to dismiss the charges.

On November 17, 2025, Virginia Beach Police detectives and investigators with Homeland Security began an investigation as a result of a conversation overheard at a restaurant in Virginia Beach on November 15, 2025, by an off-duty Norfolk police officer.

The officer reported hearing two men, later identified as brothers Mark and John Bennett, discussing wanting to harm ICE agents and needing an assault rifle to do so. The brothers reportedly discussed police wearing bulletproof vests and what assault rifle rounds do to these vests. The officer reported hearing one brother stating that he was flying to Las Vegas to meet with “like-minded individuals” to get further guidance.

During this initial investigation, the following information was obtained, which corroborated the off-duty officer’s report:

One of the brothers (later determined to be Mark Bennett) had a plane ticket to fly to Las Vegas on November 19, 2025, at 10:45 a.m. The Bennett brothers had been purchasing “many firearms” in the last year, to include an assault rifle.

The evidence obtained indicated the potential for violent attacks on ICE agents by the Bennetts. Due to exigent circumstances, and after consultation with the Commonwealth’s Attorney’s Office, detectives presented their investigation to a magistrate, who determined there was sufficient evidence to support a charge of conspiracy to commit malicious wounding for both John and Mark Bennett. On the morning of November 19, 2025, Mark Bennett was arrested at Norfolk International Airport and John Bennett was arrested shortly thereafter.

The investigation continued and the following information was discovered:

The off-duty officer’s wife, who was with him in the restaurant where the initial conversation occurred, had no relevant information to corroborate the off-duty officer’s account.

The Bennetts had not recently purchased any firearms and had not purchased an assault rifle. Federal investigators ran their first and last names, without middle initials, when tracking down gun purchases, which led to inaccurate reports of firearm purchases by the Bennetts.

Mark Bennett had tickets to a Formula One race in Las Vegas with his son, who was booked on the same flight and provided proof of the Formula One tickets. During a bond hearing in General District Court on November 20, 2025, evidence was presented by defense counsel regarding the Bennetts’ intentions to go hunting in North Carolina. Mark Bennett spoke at length with police upon his arrest and advised that the discussion overheard in the restaurant pertained to going hunting and how you don’t want to use an assault rifle to destroy animals because you want the meat. John Bennett was a prior police officer and said he had seen assault rifle shots into bulletproof vests. An analysis of cell phones and other electronics seized from the Bennetts was swiftly analyzed by investigators. There was no evidence of any intention to injure or kill ICE agents on any of these electronics.

After reviewing the additional evidence, the Commonwealth’s Attorney’s Office met with investigators from the Virginia Beach Police Department and Homeland Security and together determined that there is no evidence to corroborate the initial statements by the Bennetts that were allegedly heard in the restaurant. Prosecutors have an ethical duty to review the totality of the evidence and not proceed with charges for which there is insufficient evidence to prove the crimes beyond a reasonable doubt; therefore, we have dismissed these charges.

Investigators with the Virginia Beach Police Department and Homeland Security acted swiftly upon information they received which indicated a threat of violence or death on government officials. Any threat of violence in our City will continue to be taken seriously and investigated thoroughly by law enforcement.

— Joint statement from Virginia Beach Police and the Virginia Beach Commonwealth’s Attorney’s Office

In its own statement, Virginia Beach Police said it had received information “indicating a direct and imminent threat of violence against federal agents and law enforcement officials,” and said initial investigative efforts by Virginia Beach Police and federal authorities “revealed facts that appeared to corroborate the legitimacy and immediacy of the threat.”

The Virginia Beach Police Department (VBPD) received information indicating a direct and imminent threat of violence against federal agents and law enforcement officers. Initial investigative efforts by VBPD and federal authorities revealed facts that appeared to corroborate the legitimacy and immediacy of this threat. Following a detailed review by the Commonwealth Attorney’s Office, the available evidence was presented to a Virginia Beach magistrate, who found sufficient probable cause to issue warrants. As additional investigation has now cast sufficient doubt to warrant dismissal of the charges, the VBPD commits to remain vigilant in promptly and completely addressing threats of violence. This case is reflective of the high-stakes environment in which criminal justice personnel must make difficult, timely decisions when facing today’s possibility of political violence and mass shootings, such as the recent ones in Australia and at Brown University. — Virginia Beach Police

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