Delaware State Police

Superintendent Colonel William D. Crotty

State Police Arrest Magnolia Man for Vehicular Assault Following a Three-Vehicle Crash in Bethany Beach

Date Posted: Friday, October 3rd, 2025

Delaware State Police have arrested 22-year-old Benjamin Herrera of Magnolia, Delaware, for vehicular assault, DUI, and other charges following a three-vehicle crash that occurred last night in Bethany Beach.

On October 2, 2025, at approximately 7:55 p.m., troopers responded to a three-vehicle crash on Coastal Highway near Beach Cove Square, north of Bethany Beach. When troopers arrived, they contacted Benjamin Herrera, identified as the driver of a Dodge Challenger, involved in the crash. While speaking to him, troopers smelled an odor of alcoholic beverage coming from his breath, and he showed multiple signs of impairment.

The preliminary crash investigation revealed that the Challenger was traveling southbound on Coastal Highway near Beach Cove Square, in a reckless manner and at an apparent high rate of speed. At the same time, a Nissan Frontier was traveling southbound, in the left lane on Coastal Highway and a Chevrolet Colorado was also traveling southbound, in the right lane, both ahead of the Challenger. The Challenger struck the Nissan, pushing it into the right lane, and as a result, the Nissan struck the Chevrolet, causing it to overturn.

The driver of the Chevrolet, a 59-year-old man from New Castle, Delaware, was taken to an area hospital with serious injuries.

The driver of the Nissan, a 44-year-old man and a 7-year-old passenger, both from Ocean View, Delaware, refused transport to the hospital.

Coastal Highway southbound was closed while the scene was investigated and cleared.

Herrera was taken to an area hospital with non-life-threatening injuries. While being transported by ambulance, he threatened a paramedic and an EMT. After he was released from the hospital, he was arrested and taken to Troop 4, where he was charged with the crimes listed below, arraigned by Justice of the Peace Court 7, and committed to Sussex Correctional Institution on a $6,300 cash bond.

Vehicular Assault 1^st Degree – Drive Under the Influence Negligent Injury (Felony)
Vehicular Assault 2^nd Degree – Driving Under the Influence Negligence Causes Injury
Driving a Vehicle Under the Influence of a Combination of Alcohol and Any Drug
Reckless Endangering 2nd Degree – 3 counts
Terroristic Threatening – 2 counts
Reckless Driving
Failure to Have Insurance Identification in Possession

Troopers are asking anyone who witnessed the crash or has relevant information to contact Trooper K. Lieber at DSP Troop 4 by calling (302) 856-5850. Information may also be provided by sending a Private Facebook Message to the Delaware State Police or contacting Delaware Crime Stoppers at 1-800-847-3333.