SPENCER, IA – Opportunistic crime followed the floodwaters to Spencer, Iowa. Hector Benavidez, 38, of Donna, Texas, is headed to federal prison after admitting to swiping two firearms from a local store during cleanup work following the historic June 2024 flooding. The sentence, handed down July 16, 2025, totals 42 months behind bars – a harsh reminder that disaster zones aren’t free-for-alls.
The theft came to light during a routine gun audit at a Spencer retail outlet. Store loss prevention and local law enforcement quickly zeroed in on the cleanup crews who’d had access to the firearms storage area. Benavidez, part of a crew contracted to help with post-flood remediation, became the prime suspect. When confronted, he didn’t bother with denials, freely admitting to taking the guns just two days prior. He claimed they were stashed with his belongings at the hotel where he was staying.
A search of Benavidez’s hotel room confirmed his confession. Both stolen firearms were recovered, but the damage was done. He was already a convicted felon, thanks to a previous aggravated robbery conviction in Texas. That status alone made possession of the firearms illegal. The charges – one count of possession of firearms by a felon and one count of possession of stolen firearms – stuck after Benavidez entered a guilty plea on February 12, 2024.
United States District Court Judge Leonard T. Strand didn’t show leniency during the sentencing in Sioux City. Beyond the 42-month prison term, Benavidez will also serve a 2-year term of supervised release upon his release. It’s worth noting: there is no parole in the federal system. Benavidez is currently in the custody of the United States Marshals awaiting transport to a designated federal facility.
The investigation was a coordinated effort between the Spencer, Iowa Police Department, the Clay County, Iowa Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant United States Attorney Forde Fairchild prosecuted the case, securing the conviction and lengthy sentence. This case serves as a warning: exploiting disaster for personal gain will be met with swift and severe justice.
For those seeking further details on the case, court file information can be found at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 24-4056. Follow the United States Attorney’s Office for the Northern District of Iowa on X (formerly Twitter) at @USAO_NDIA for updates on federal cases in the region.
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