Whidbey agent pleads guilty after trees damaged to restore view

A Whidbey Island real estate agent pleaded guilty to two counts of malicious mischief in the third degree after admitting he hired workers to damage trees on other people’s property to clear a view. Bert W. Bennehoff, 76, appeared in Island County Superior Court on Jan. 9 and was sentenced to 90 days of electronic home monitoring and ordered to pay $13,500 in restitution to two affected parties.

The damage occurred July 5-8, 2022, when two workers entered lots on Shippin Lane and girdled trees, a practice that severs bark and cambium around a trunk to kill or weaken the tree. A lieutenant with the Island County Sheriff’s Office evaluated the harm and estimated $2,919 in damage for 10 trees on one property and $8,565 for 28 trees on the other. Bennehoff acknowledged hiring the workers and wrote that he took full responsibility for the actions, noting his long residency and lack of prior criminal-record history. He also listed his businesses in a court statement: "I own and operate three small sole-proprietorships which are all licensed and in good standing: Whidbey Buyers Realty, an independent real estate brokerage; Island Land Use Review; land development consultant; and, Land Use & Construction, highly mechanized landscape services."

Neighbors and land stewards described broader harms beyond monetary loss. One property owner, who purchased her lot as a nature sanctuary, said the cuts reduced wildlife habitat and damaged trees’ structural integrity, adding, "There is an existing slide problem on the road. Classified with the county as unstable terrain." The other affected party, the charitable organization Island Beach Access, emphasized the premeditated nature of the act and the threat to shoreline stability: "This crime was premeditated, and its purpose was profit," the organization’s president wrote. "It was not a spontaneous act of vandalism, but required the recruitment of individuals to carry it out. Furthermore, this property lies within a known slide area, and trees are essential to the stability of the environs."

For Island County residents, the case underscores how disputes over views and development can ripple into public-safety and public-health concerns. Trees perform critical functions on the island: they anchor slopes, filter stormwater, support wildlife, and reduce erosion that can contaminate wells and shellfish beds. The deliberate damaging of trees in known unstable terrain elevates risks of mudslides, property loss, and downstream impacts on water quality and local ecosystems.

The court record shows some trees that were ringed remained alive and later displayed recovery; the judge noted observing healthy canopy in fall 2025 for trees that were scarred rather than cut down. The sentence and restitution aim to hold the defendant financially accountable, but neighbors and conservation groups say the case also highlights gaps in preventive enforcement and the need for clearer professional ethics for those who sell and develop land on Whidbey.

The takeaway? When view disputes arise, choose permits and conversation over clandestine trimming. If you see unpermitted tree work or signs of slope instability, report it to county code enforcement or the sheriff’s office and document what you can. Our two cents? Protect the trees and the slide-prone ground beneath them now so the island’s views and beaches stay safe for everyone.