Ashley Paige Benton, a teenager who fatally stabbed a gang member during a melee in Montrose in 2006, hugged her lawyers and the prosecutor who tried to put her in jail for murder after a judge on Thursday ended her probation three years early.
“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 completed 300 hours of community service and raised $4,000 for the victim's funeral.
In court, her attorneys said she worked to raise the money but did not have a job now. They were tight-lipped about where she had worked and where she lives because of gang threats on her life.
Benton, now 19, said she didn't know what she wanted to do professionally or what her immediate plans were.
Fine's decision ends a four-year chapter of Benton's life that began June 6, 2006, when she stabbed Gabriel Granillo, a leader of the gang MS-13, or Mara Salvatrucha, with a double-bladed knife during a gang fight.
A year later, she was on trial for murder with Assistant Harris County District Attorney Mia Magness grilling her about how she landed the “lucky shot.”
During the trial, which ended with a hung jury, Magness questioned Benton for more than an hour, asking her why she lied to police about several facts in the case. Benton seemed close to breaking down in tears several times.
The 12 jurors could not agree whether Granillo was swinging a bat at Benton or running away.
Magness said it was murder. Benton's attorneys said it was self-defense.
Six months later, Magness and Benton's lawyers reached a plea bargain rather than re-try the case.
Benton pleaded guilty to aggravated assault with a deadly weapon and received five years of deferred adjudication.
Victim's family absent
Granillo's family did not appear to be in the courtroom Thursday and could not be reached for comment afterward.
When Benton originally agreed to the plea deal, Granillo's uncle, Tulio Martinez, said he was not happy with the sentence.
“My family is pretty upset with the decision and the punishment she got,” Martinez said in 2007.
Art Martinez, a cousin of Granillo's father, wanted Benton to serve at least 20 years in prison.
“I know she's just a teenager, but she still knew what she was doing,” Art Martinez said at the time.
Hugs all around
When Fine granted the motion to end her probation early, Benton hugged Brian Wice, one of her lawyers, then seemed to surprise Magness with a hug.
“It doesn't happen every day, but it's not unheard-of,” Magness said. The veteran prosecutor said she was actively involved with Benton's probation but declined to elaborate.
Wice said Magness kept a close watch on Benton's progress.
“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.”
Benton also was flanked Thursday by attorney Kent Schaffer, who led the defense during the 2007 trial and questioned most of the witnesses.
“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.”
brian.rogers@chron.com