Boater jailed after tying-up at closed Beaufort dock during storm. Was arrest justified?
During Saturday’s lightning storm that rolled over the Beaufort Water Festival, police and a local boater who was caught in the squall subsequently got into a stormy confrontation over his claim that he had the right to tie up his boat to a dock attached to a promenade deemed unsafe by the city.
The run-in, which came inside the Lost Local restaurant on Bay Street, led not only to a trespassing citation for Benji Gecy of Beaufort. Gecy also was arrested and jailed — he claims unjustly but police are standing their ground arguing it’s a clear case of trespassing.
The unusual case raises the issue of “force majeure,” a French term that refers to unforeseeable events that make it impossible to meet the law, said Jared Newman, Gecy’s attorney. “It’s kind of an act of God,” Newman says.
Gecy said Friday that he still can’t believe he was jailed. He was fleeing a dangerous lightning storm at the time, he says, and had no choice to dock where he did.
A week before the 10-day Water Festival was set to begin July 11, the city closed the popular promenade in the park that runs along the river because of structural issues. The day-dock, where Gecy tied up his boat, is attached to the promenade. It’s been posted with no trespassing signs as well.
The dispute came at around 3 p.m. Saturday, July 12 during the first full day of the the 10-day festival that brings thousands to downtown Beaufort to frolic in the river and Waterfront Park.
At the time of the lightning storm, boats were congregating at the well-known Beaufort sandbar in the Beaufort River just off of Waterfront Park. Lightning, says Gecy, was hitting just 800 feet from his 23-foot-long deck boat, which had 11 people aboard.
“By the time we got out of there, the weather was already on us,” he said.
Although he lives on Battery Creek, the lightning prompted Gecy to head for the nearby Beaufort day dock where he saw two boats tied up. Gecy says he did not notice the no trespassing signs. Even if he had, he said, he still would have docked considering the weather.
“I was still going to that dock and getting to safety,” he said. He also had engine concerns after his boat hit the bottom of the river as he tried to navigate off the sand bar. Traveling to the Factory Creek dock on the other side of the Woods Memorial Bridge was not an option in the lightning conditions, he added.
After landing the boat, he said he was approached by Water Festival personnel but he told them, “Hey man, we’re trying to get to safety.”
Police spokeswoman Lori Evans, however, said the day dock was clearly marked with signs that said, “No Trespassing, Violators will be Prosecuted.” Gecy, she added, was directed to another emergency docking location that was nearby before he was detained.
“There would have been no issue if the area was not closed due to safety concerns,” Evans said.
Gecy said the interaction with police began while he was inside Lost Local.
His kids and their friends, who had left for a nearby ice cream shop, were questioned outside the restaurant by police, Gecy said. That prompted his wife to check out the situation. She explained to police what had happened and was informed that she would be cited, said Gecy. She said, “this is ridiculous,” then went back inside to call an attorney. Three police officers later entered the restaurant.
“They hunted us down in the back of the restaurant and circled my wife like they were going to arrest her,” Gecy said. “All I said is, ‘Hey dude, I own the boat and he said, ‘I’m going to write you a citation,” Gecy said.
Gecy, a local mortgage broker, said he was arrested after he told police that he did not accept the trespassing citation because “I didn’t do anything wrong.”
He said, ‘Stand up, you’re going to jail.’”
Newman, Gecy’s attorney, argues that not accepting a ticket given by police officers is not grounds for an arrest. Newman also called the arrest “badge heavy” saying Gecy was placed against the wall and handcuffed. “It’s a small town for God’s sake,” he said.
Gecy spent 20 hours in the Beaufort County Detention Center.
When asked if Gecy or his passengers were causing a disturbance or being aggressive with officers, Evans, the police spokesperson, said, “Yes.”
“It didn’t start out that way,” Newman, Gecy’s attorney, claims. “It turned more heated because of anger and frustration with the situation.”
A hearing is scheduled in August.
“We’re definitely going to fight it,” Gecy said.
This story was originally published July 21, 2025 at 9:43 AM.
