Ashley Benton

Case record: Ashley Benton

People

• Ashley Benton — juvenile defendant (16 at the time of the fatal stabbing); later convicted under terms of deferred adjudication.
• Gabriel Granillo — victim; 15 at the time of death; MS-13 gang member and leader of a local clique.

Background

Ashley Benton was a student at Lamar High School and socialized with members of the gang “Crazy Crew.” According to police reports, “Crazy Crew” mainly engaged in low level crime. Hollandsworth described it as not “much of a gang” compared with other Houston gangs. Benton had previously been a student at Lanier Middle School and Hogg Middle School. She moved to live with her grandmother in a suburban area in northwest Houston and attended Cypress Creek High School, but later returned to her mother’s Montrose residence and enrolled in Lamar in April 2006. Prior to the incident, Benton had no arrest record. She was 16 years old at the time of Gabriel Granillo’s death.

Gabriel Granillo was the child of Salvadoran immigrants. His mother had died, and his father, an illegal immigrant, was arrested in the summer of 2005 over a felony conviction and deported. With his parents gone, Granillo stayed with his older brother and a friend. Granillo became a member of MS-13 at age 14 and had previously been incarcerated in the Harris County Youth Village, a juvenile detention facility in Pasadena, Texas, near the city of Seabrook.

The offence

On June 6, 2006, Gabriel Granillo was fatally stabbed at Ervan Chew Park in the Neartown district in Houston, Texas.

Hollandsworth described the apparent reason the fight occurred as a gang fight between MS-13 and Crazy Crew because a Crazy Crew member harassed the cousin of an MS-13 member. The Montrose area and Lamar High School were considered to be Crazy Crew’s territory. MS-13 appeared at Lamar High School to intimidate Crazy Crew, but Houston Independent School District (HISD) police asked MS-13 members to leave.

The members of the two gangs met at a CVS pharmacy and chased each other around before they stopped at Ervan Chew Park, located in the Neartown district, in proximity to Montrose. The park, previously known as Dunlavy Park, had been cleaned of drugs and crime due to rehabilitation efforts by 2006, and it became popular with area families as the surrounding neighborhood gentrified. That year, the Houston Chronicle stated that Chew Park was “better known for Little League games and dog parties”.

Members of the two gangs fought, with the total numbers of gang members around 20–30, and with the number of Crazy Crew members to MS-13 about 2 to 1. Benton stated that she felt threatened by a person coming towards her. MS-13 gang members said Granillo was turning away from her. Benton stabbed Granillo with a double-bladed knife and killed him. The blade was 5.5 inches (140 mm). It punctured Granillo’s heart, traveling at an upward angle below the sternum. Granillo was declared dead at the park.

Avelardo Valdez, a University of Houston professor of social work, stated:

“It’s very unusual for a woman to be involved in this kind of violent gang confrontation.”

Investigation

After the stabbing, HPD officers took the people with Granillo to question them. Police obtained a confession from Benton at her residence.

One of Benton’s lawyers stated that the confession was illegal since Benton was questioned without her mother, and that no lawyers were present during the confession.

John Cannon, a spokesperson for HPD, described the Ervan Chew area as “relatively low-crime” and said his patrols “were surprised” by the incident. Sue Lovell, a member of the Houston City Council who represented the area and someone who knew Benton, described it as “an isolated incident.” Rich Wilson, an HPD sergeant operating from the Neartown Storefront, told residents that the stabbing was an “isolated gang activity” and that the park is safe and surveilled. Allen Ueckert, the Neartown Association president, stated that the community was “on heightened alert”. Immediately after the stabbing, usage of the park declined.

The following Saturday, HPD arrested an MS-13 member attempting to create a memorial at the site of Granillo’s death, citing graffiti as the reason.

Arrest and pretrial conditions

Houston police arrested a 15-year-old girl in connection with the stabbing death of Gabriel Granillo. HPD spokesman Alvin Wright identified the girl as a suspect in the death of Gabriel Granillo and said she was arrested at her home. The article described the arrest occurring Wednesday night, in connection with the stabbing death Tuesday.

Police stepped up patrols in the neighborhood surrounding the park where Granillo was beaten and fatally stabbed. Officials were concerned that Granillo’s death might spark episodes of violent retaliation at Ervan Chew Park, even though they believed the killing to be an isolated incident. Granillo’s family said he was linked with MS-13. Police described the motive as unknown and said the attack was planned. The larger group approached Granillo and the other teens from two sides, suggesting premeditation. A witness said Granillo arrived at the park with a baseball bat in hand. Within minutes, friends joined Granillo and two other boys, and the groups chased each other across the park multiple times before running into a nearby neighborhood where they smashed car windows and slashed tires. After Granillo was stabbed, he stumbled and collapsed near a sidewalk.

Police described the person who stabbed Granillo as a young white female, about 5-feet-5 inches tall and weighing about 120 pounds, with shoulder-length blond hair and wearing a navy blue shirt and blue jeans. Police also believed there were “a couple of Hispanic females with the larger group.” Police said Granillo’s last known address was at a Houston apartment complex in the 6200 block of West Bellfort, more than 10 miles from the park, and it was not clear why he and the other youths were at the park.

Officials said some individuals involved wore clothing with Lamar High School insignia, but did not know whether they were students. HISD spokesman Terry Abbott would not comment about suspected gang activity at Lamar High or whether any students may have been involved in the ambush, but said police increased patrols in the area.

Benton was tried as an adult after transfer from juvenile court. She was transferred from the Harris County Juvenile Detention Center to an adult jail. She was allowed to post bail and stay under house arrest one week later.

Trial

Murder trial and hung jury

Ashley Benton underwent a criminal murder trial, tried as an adult. She had the possibility of receiving probation or 5 years to life in prison if convicted of murder.

Texas state district judge Pat Shelton transferred Benton to adult court after prosecutors petitioned to try her as an adult.

Benton’s trial in 2007 involved a dispute over the nature of the death, while “basic facts” surrounding Granillo’s death were described as undisputed. Mia Magness, the assistant district attorney, accused Benton of deliberately trying to attack Granillo, while Benton’s attorneys stated that Granillo was not running away from her and that the MS-13 members saying she attacked Granillo were lying. An MS-13 member, after questioning from Schaffer, admitted he did not see Granillo running away. The prosecutor said Benton’s taped confession admitted Granillo was trying to leave; Benton’s lawyers said Benton gave conflicting information in the confession.

The trial ended in a mistrial after a hung jury. About half of the jury members sided with Benton and the other half were against her after two days of deliberating the case. Benton’s lawyer said five jurors believed Benton was guilty of murder while seven wanted to convict her of possession of a prohibited weapon. Magness disputed the lawyer’s account but did not specify what the outcome was. Devon Anderson declared a mistrial.

The trial ended on June 29, 2007.

Jury deliberations and evidence

Jurors deliberated for hours after listening to evidence, described as almost 18 hours after beginning deliberations at 1 p.m. Wednesday. Jurors were sequestered for two nights after beginning deliberations. They asked questions and wanted to see all physical evidence against Benton, including a double-bladed knife Benton plunged 5 1/2 inches into Granillo’s chest, piercing his heart, and a bat with Granillo’s blood on it. They also reviewed the audio statement Benton made to police a day after the stabbing. Benton’s audio statement was described as played for jurors and featured her saying Granillo started to turn around to run away when she stabbed him once in the heart.

In closing arguments:

• Schaffer argued it was self-defense.
• Magness argued it was murder, including statements such as:

  “Tell Ashley Benton,” Magness said, “that you murdered a boy who was trying to get away from you. And you weren’t justified in doing it.”

Kent Schaffer said:

“Gabriel Granillo had an appointment with death,” defense attorney Kent Schaffer said. “It was either his or someone else’s.”

Assistant District Attorney Mia Magness said:

“It doesn’t matter who the victim is,” Assistant District Attorney Mia Magness said. “Saint or sinner.”

Benton testified and was questioned by Magness, including during cross-examination about the “lucky shot.” Benton said:

“I wouldn’t call it a lucky shot,” Benton said.

Magness asked rhetorically:

“You hit him right in the heart and buried the knife to the hilt, didn’t you?”

Benton also said she:

“I closed my eyes and just stabbed him,” the 17-year-old said at the start of a long day of testimony.

Benton stated:

“I was freaked out,” Benton said. “I had blood on my hands.”

In demonstrating the events, Benton said:

“I didn’t want to hurt anyone,” Benton said.

The jury could not agree whether Granillo was swinging a bat at Benton or running away. Prosecutors said murder, while Benton’s attorneys said self-defense.

Jurors also considered a charge of illegally carrying a deadly weapon, described as a Class A misdemeanor.

Sentencing and plea deal

Plea negotiations and gag order

Prosecutors offered a plea deal calling for a murder conviction with no prison time and 10 years of deferred adjudication. If Benton successfully completed this term, the conviction would be voided; if she failed, she would be convicted of murder and face 5–99 years or life in prison. Benton’s lawyers rejected the deal.

Devon Anderson ordered a retrial with jury selection scheduled for June 4, 2008. The judge entered a gag order preventing Schaffer and Wice from making statements favorable to Benton. The two lawyers asked the Fourteenth Court of Appeals of Texas to remove the gag order, and the members agreed to remove it. After that, prosecutors offered a more generous plea deal.

Guilty plea and deferred adjudication

In December of that year, Benton’s lawyers and Magness agreed to give Benton probation in exchange for Benton pleading guilty to aggravated assault with a deadly weapon.

Under the deal, Benton received five years of deferred adjudication probation, performed 300 hours of community service, and obtained a high school diploma and/or GED certificate. A violation would mean being convicted of aggravated assault and facing up to 20 years in prison.

Benton completed 300 hours of community service, stayed under probation for two years, and paid for Granillo’s funeral with $4,000.

Tulio Martinez, Granillo’s uncle, stated the deceased’s family was unhappy with the plea deal.

Early termination of probation and dismissal

In 2009, Kevin Fine, a Texas state district judge, ended Benton’s probation early. As part of the terms of successful completion of the probation, her criminal charge was to be dismissed.

The courthouse report described Benton as hugging her lawyers and the prosecutor who tried to put her in jail for murder, stating she was grateful and happy to move on:

“I’m just very grateful, and I’m happy that I’m able to move on with my life,” Benton said. “I would just like to continue my schooling and get a career and, hopefully, move on and not have to look back.”

State District Judge Kevin Fine agreed to end Benton’s probation early after two years of court-imposed restrictions. Benton’s attorneys said she worked to raise money but did not have a job at the time, and they declined to elaborate about where she had worked and where she lives due to gang threats. Benton said she did not know what she wanted to do professionally or her immediate plans.

Benton hugged Brian Wice, one of her lawyers, then seemed to surprise Magness with a hug. Magness said:

“It doesn’t happen every day, but it’s not unheard-of,” Magness said.

Wice said:

“She took an active interest in Ashley’s welfare during the time that Ashley was on deferred (adjudication), and I want to commend Mia and her office for recognizing that what happened today was absolutely the right thing for everybody concerned,” Wice said. “Being a prosecutor is more than putting people in the penitentiary.”

Schaffer said:

“All the court really did today was what everyone agreed to do at the time we entered into this deal, which was that she not get into trouble for two years and her probation would be early terminated,” Schaffer said. “She fulfilled her part, the state fulfilled their part, and the judge blessed it.”

Other trial-related details

Benton was originally scheduled to be tried as a juvenile, which would have allowed up to 40 years in prison under that scenario. She was transferred to adult court after prosecutors petitioned.

Trial security measures included searches of bags and use of wands to check for metal, with armed police around the courtroom due to concerns that MS-13 might try to attack Benton.

Devon Anderson ordered gang members’ faces not be photographed or televised.

Prosecutors asked that proper names of gang members not be published due to fear of retaliation for cooperating with authorities.

During trial testimony, Benton described her actions, including statements that she bought the knife for $8 at a corner store near her house to scare would-be attackers away, and that she considered it a rough neighborhood and she carried the knife for protection. Benton testified:

“It’s not safe for a young girl walking by herself in that neighborhood,” she said.

Benton said she bought an “ugly” double-bladed knife to scare would-be attackers away and that it was a bad decision.

In describing the day of events, Benton said she bought the knife and carried it in her backpack through her day, including at school. She testified she was disciplined after officials searched her backpack and found a different two-bladed knife months before the stabbing.

After the stabbing, Benton and two friends ran to a nearby Mexican restaurant. Benton’s friend took the knife and threw it into a bush. Benton later retrieved the knife and cleaned it. Benton said she washed Granillo’s blood off the knife in her bathroom sink. When questioned by police the next day, she gave investigators the knife but said it was a replica. During trial, Benton handled the knife without gloves during the demonstration; both sides agreed no blood was on the knife that needed to be preserved as evidence.

Appeals

The gag order was challenged. Benton’s lawyers asked the Fourteenth Court of Appeals of Texas to remove the gag order and all of the members agreed to remove it.

Outcome

• Benton’s murder trial ended in a mistrial due to a hung jury.
• Benton later pleaded guilty to aggravated assault with a deadly weapon in exchange for probation and deferred adjudication.
• Benton’s probation ended early in 2009.
• Her criminal charge was dismissed as part of the terms of successfully completing her probation.

Aftermath and legacy

Gabriel Granillo was given funeral rites and buried in Candelaria de la Frontera, El Salvador.

After Benton accepted the plea deal, Schaffer stated Benton continued to receive death threats from MS-13, so she needed a “fresh start” and move to a new place. Benton began studying for her GED and moved back into her grandparents’ residence. For safety, she did not travel often and did not visit her former neighborhood.

In 2009, Victor Gonzalez of the City of Houston Mayor’s Anti-Gang Task Force stated that the city government established a police presence and used surveillance to prevent gangs from re-establishing themselves at Chew Park. Further gentrification had occurred in the area by then.

A 2011 novel, The Knife and the Butterfly, by Ashley Hope Pérez, was based on Granillo’s death. The book’s title was derived from that of the Houston Chronicle series “The Butterfly and the Knife”.

Media described the coverage and public reaction:

• Claudia Feldman and Eyder Peralta of the Houston Chronicle wrote the article series “The Butterfly and the Knife” documenting the death of Granillo and the lives of Benton and Granillo.
• James T. Campbell wrote that some readers accused the newspaper of publishing a racist series or trying to garner sympathy for Benton, and that:

  “Most readers who contacted me were indifferent or baffled about why we chose to prominently feature "two losers on the front page of the Chronicle."”

• Campbell defended the series, saying:

  “had value, I think, as a cautionary tale for the community, parents and law enforcement about a group of kids that we have lost or are losing to society’s underbelly.”

In 2008, Skip Hollandsworth of Texas Monthly referred to Benton as “Houston’s most famous teenage killer” and stated that the stabbing taking place in the central city and the fact that Benton was a white, Anglo teenage girl involved in gangs shocked Houstonians. The Houston Press wrote that the resulting murder trial “fascinated Houston”. In 2014, Andy Warren of the Houston Chronicle listed the Granillo stabbing among the “infamous crimes in the Houston area”.

Sue Lovell argued that school systems should do more to prevent gang activities and that teenagers need to be supervised after school. In a 2009 opinion piece in The Daily Cougar, University of Houston communication major student Jared Luck wrote that people dismayed by youth crime should try to help troubled teenagers and said:

“probation for all but the most hardened criminals is only going to become more commonplace.

Quotes compiled from the record

• Defense attorney Kent Schaffer said:
• Benton's lawyer Rick DeToto said:

  “There's no celebration,” Rick DeToto said. “A young lady went through hell, and a young man is not here anymore. Ashley is still dealing with the psychological effects of what happened. She feels remorse, regret but also that there's a burden off her back.”

• Benton said:
• Magness said:
• Brian Wice said:
• Schaffer said:
• Benton said in trial:
• Benton said:
• Benton said:

  “You hit him right in the heart and buried the knife to the hilt, didn't you?” Magness asked rhetorically.

• Benton said:
• Benton said:
• Schaffer stated:

  “Because of her notoriety and the possible threats from MS-13, the safest thing to do is go to a new place and make a fresh start,” Schaffer said. “That's something she and her family will be deciding over the next few weeks.” “After some extensive discussion with the jury that previously heard the case,” Assistant District Attorney Mia Magness said, “we reached the conclusion that this was the right thing to do.”

• Magness said:

  “All the state ever asked for in the case was for her to accept responsibility,” Magness said.

• Magness said:

  “She's accepting responsibility, she's being held accountable for the death of Gabriel Granillo.”

• Tulio Martinez said:

  “My family is pretty upset with the decision and the punishment she got,” Martinez said at the time.

• Art Martinez said:

  “I know she's just a teenager, but she still knew what she was doing,” said Art Martinez.

• Chronicle reporters described Campbell’s quote:
• Campbell defended the series:
• Jared Luck wrote: