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Ashley Paige BENTON
Classification: Homicide
Characteristics: Juvenile (16) -
Teenage girl who killed a boy in park gang fight
Number of victims: 1
Date of murder: June 6, 2006
Date of arrest:
Next day
Date of birth:
1990
Victim profile:
Gabriel Granillo, 15
(MS-13 gang member)
Method of murder:
Stabbing with knife
Location: Houston, Harris County, Texas, USA
Status: Ashley Benton underwent a criminal murder trial which
resulted in a hung jury.
Benton's lawyers and the assistant Harris County district attorney
agreed to give Benton probation, in exchange for Benton pleading
guilty to aggravated assault. Her probation was ended early in
2009, and her criminal charge was to be dismissed as part of terms
of successfully completing her probation.
On June 6, 2006, a teenage MS-13 gang member named Gabriel Granillo
was stabbed to death at Ervan Chew Park, in the Neartown district
in Houston, Texas. His killer, Ashley Paige Benton, underwent a
criminal murder trial which resulted in a hung jury.
Benton's lawyers and the assistant Harris County district attorney
agreed to give Benton probation, in exchange for Benton pleading
guilty to aggravated assault. Her probation was ended early in
2009, and her criminal charge was to be dismissed as part of terms
of successfully completing her probation.
In 2008 Skip Hollandsworth of Texas Monthly referred to Benton as
"Houston’s most famous teenage killer" and stated that the fact
that the stabbing took place in the central city, and the fact
that Ashley 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". A 2011 novel, The Knife and
the Butterfly, is based upon the incident.
Background
Ashley Benton was a student at Lamar High School and socialized
with members of the gang "Crazy Crew." According to police
reports, it mainly engaged in low level crime. Hollandsworth
described it as, compared with other Houston gangs, not "much of a
gang".
Benton, previously a student at Lanier Middle School and
Hogg Middle School, moved to live with her grandmother in a
suburban area in northwest Houston, and attended Cypress Creek
High School. However she 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 Granillo's death.
Gabriel Granillo, 15 at the time of his death, 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 he was previously incarcerated in
the Harris County Youth Village, a juvenile detention facility in
Pasadena, Texas, near the city of Seabrook.
The stabbing and immediate aftermath
According to Hollandsworth, the apparent reason why MS-13 and
Crazy Crew had a gang fight was 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 in
order to intimidate Crazy Crew, but Houston Independent School
District (HISD) police asked MS-13 members to leave.
Eyder Peralta
and Claudia Feldman of the Houston Chronicle wrote that if HISD
police had called the Houston Police Department (HPD), "it's
possible the stabbing could have been prevented." 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, was by 2006 cleaned of
drugs and crime due to rehabilitation efforts; 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 one another, and the numbers of
gang members totaled around 20-30, with the number of Crazy Crew
to MS-13 about 2 to 1. Benton stated that she felt threatened by a
person who was coming towards her.
MS-13 gang members said that Granillo was turning away from her. Benton stabbed Granillo with a
double-bladed knife, killing him. The 5.5-inch (140 mm) blade had
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."
At Chew Park 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. No lawyers
were present during the confession. The girl was arrested at that
residence.
John Cannon, a spokesperson for HPD, described the Ervan Chew area
as "relatively low-crime" and that 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. The Neartown Association president, Allen Ueckert,
stated that the community was "on heightened alert". Immediately
after the stabbing the 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.
Criminal trial
Benton underwent a murder trial in which she was tried as an
adult, and she had the possibility of receiving probation or 5
years to life in prison. She was originally to be tried as a
juvenile, and under that scenario she could have been sentenced to
up to 40 years in prison, but Texas state district judge Pat
Shelton transferred Benton to adult court, after the prosecutors
petitioned to have Benton tried as an adult. She was transferred
from the Harris County Juvenile Detention Center to an adult jail,
but was allowed to post bail and stay under house arrest one week
later.
Benton's lawyers in her 2007 trial were Rick DeToto, Kent
Schaffer, and Brian Wice, described by Hollandsworth as
"prominent". The district attorney (DA) of Harris County, Texas at
the time was Chuck Rosenthal. Police officers conducted searches
of bags and used wands to check for metal, as well as posting
armed police around the courtroom, due to concerns that MS-13 may
try to attack Benton.
Brian Rogers of the Houston Chronicle stated that the "basic
facts" surrounding Granillo's death "were undisputed". The dispute
was regarding the nature of the death. 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 that she
attacked Granillo were lying.
One MS-13 member, after questioning
from Schaffer, admitted that he did not see Granillo running away.
The prosecutor stated that the taped confession had her admit that
Granillo was trying to leave, while her lawyers stated that Benton
gave conflicting information in the confession.
This trial resulted in 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. One of Benton's lawyers stated that
five jurors believed Benton was guilty of murder while seven
instead wanted to convict her of possession of a prohibited
weapon. Magness disputed the lawyer's account but did not say what
the outcome was. Devon Anderson, a state district judge, declared
a mistrial, ending the proceedings.
The trial ended on June 29, 2007.
Plea deal
The 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, but if she failed, she would be
convicted of murder and therefore face 5-99 years of prison 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
all of the members agreed to remove it. Afterward the prosecutors
offered a plea deal more generous than the previous one available.
Craig Malislow of the Houston Press wrote that the
decision from the appeals court had "an in-depth exploration of
state and federal case law regarding gag orders and freedom of
speech."
Benton's lawyers and Magness agreed to give Benton probation, in
exchange for Benton pleading guilty to aggravated assault with a
deadly weapon, in December of that year. As part of the deal she
was to receive five years of deferred adjudication probation,
perform 300 hours of community service, and obtain a high school
diploma and/or GED certificate. A violation of the terms of
probation 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. In 2009 Kevin Fine, a Texas
state district judge, ended Benton's probation early in 2009. As
part of the terms of successful completion of the probation, her
criminal charge was to be dismissed.
Tulio Martinez, Granillo's uncle, stated that the deceased's
family was unhappy with the plea deal.
Media coverage
In 2006 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, an employee of the Chronicle, 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.""
One individual accused the Chronicle of airing the series because
Benton was white. Campbell defended the series, saying that the
series "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."
Legacy
Granillo was given funeral rites and buried in Candelaria de la
Frontera, El Salvador.
After Benton accepted the plea deal in 2007, Schaffer stated that
the girl had continued to receive death threats from MS-13, so she
needed to have a "fresh start" and move to a new place. Benton
began studying for her GED and moved back into her grandparents'
residence. For safety reasons she did not travel often and she 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.
The 2011 novel The Knife and the Butterfly by Ashley Hope Pérez is
based on Granillo's death. The book's title is derived from that
of the Houston Chronicle series.
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 that
"probation for all but the most hardened criminals is only going
to become more commonplace.
3 years after gang killing, teen wants to 'move on'
By Brian Rogers - The Houston Chronicle
September 17, 2009
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.”
Teen gets probation in stabbing death
By Brian Rogers - The Houston Chronicle
December 7, 2007
Ashley Benton was all smiles Friday after she pleaded guilty to
stabbing to death a rival gang leader 18 months ago in a fight at
an inner-city park.
But the relief at escaping a prison sentence was tempered by the
specter of revenge at the hands of the notorious gang her victim
belonged to.
Defense attorney Kent Schaffer said 17-year-old Benton continues
to receive death threats from Gabriel Granillo's gang, the
well-known MS-13, or Mara Salvatrucha.
"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."
Benton pleaded guilty to a lesser charge than murder in exchange
for five years of deferred adjudication, a sentence that could
mean two years of probation or 20 years in prison.
Benton agreed to deferred adjudication, which means the guilty
plea will not be on her record if she completes probation. If she
is a model probationer, she could be off of it in two years,
Schaffer said.
If she violates probation, the conviction would be put on her
record and she could be sentenced to 20 years in prison. A
conviction on the murder charge would have carried a maximum
possible punishment of life in prison.
Talks with past jurors
Prosecutors said they made the decision to give what some
considered a light sentence after talking to jurors in Benton's
June trial.
"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."
The two-week trial ended in a mistrial after a hung jury
deliberated for 18 hours.
Magness said the agreement was an appropriate resolution and she
believed justice was done.
"All the state ever asked for in the case was for her to accept
responsibility," Magness said. "She's accepting responsibility,
she's being held accountable for the death of Gabriel Granillo."
Granillo's uncle, Tulio Martinez, said he was "not too happy" with
the sentence. "My family is pretty upset with the decision and the
punishment she got," said Martinez.
Art Martinez, a cousin of Granillo's father, called the sentence
"pitiful."
A fair sentence, he said, would have been for Benton to serve at
least 20 years in prison.
"I know she's just a teenager, but she still knew what she was
doing," said Art Martinez.
The basic facts in the case were undisputed. Benton, then 16, met
15-year-old Granillo on opposite sides of a summer afternoon
Montrose melee between MS-13 and Montrose gang Crazy Crew.
Granillo had a baseball bat, Benton had a double-bladed $8 knife.
The two had a confrontation in the middle of the brawl. She
plunged the 5 1/2 -inch blade into his chest just below the
sternum at an upward angle and punctured his heart.
The question jurors had to decide was whether he was swinging the
bat at Benton or running away. Prosecutors said it was murder.
Benton's attorneys said it was self-defense.
Benton was scheduled to begin a new trial as early as Jan. 4, the
impetus for the plea bargain now, Schaffer said.
The terms of the plea bargain require Benton to pay up to $4,000
restitution to cover costs associated with Granillo's funeral.
Benton must also obtain a high school diploma or GED, submit to
random drug and alcohol testing, and perform 300 hours of
community service.
In front of state District Judge Devon Anderson, Benton answered
questions directly and said she was pleading guilty because she
was guilty. Afterward, Benton hugged her attorneys and waited
patiently for her paperwork to be processed.
Benton and her family were not available for comment, but another
of Benton's attorneys said they felt relief, not jubilation, when
the settlement was announced.
"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."
One expert, however, said Benton's freedom still hangs in the
balance.
'Scared straight'?
South Texas College of Law professor Adam Gershowitz said deferred
adjudication is sometimes referred to as "DA layaway," because
defendants often face harsh punishment in the end.
He said authorities grant deferred adjudication because offenders
often get in trouble on probation, landing themselves in jail.
Gershowitz also said the agreement is a great deal for Benton, "if
she can keep her nose clean."
"Maybe her attorneys had a serious talk with her and got through
to her," Gershowitz said. "Maybe she'll be scared straight."
Chronicle reporters Robert Stanton and Claudia Feldman contributed
to this report.
Benton could get plea deal, retrial
Mistrial was declared after jurors were deadlocked for hours over
the verdict for teenage girl who killed a boy in park gang fight
By Brian Rogers and Steve McVicker - The Houston Chronicle
June 30, 2007
As one juror broke down in sobs and two others started to cry,
state District Judge Devon Anderson declared a mistrial Friday in
the Ashley Benton murder trial, saying the jury had been
deadlocked for six hours.
Anderson set a hearing in two weeks to determine how to proceed
against Benton in the killing of a rival gang's leader. Both sides
said they will evaluate their positions. The case could be retried
or a plea deal may be struck.
As the 17-year-old sobbed in the arms of her attorneys, the judge
told the jurors they had done a good job and thanked them for
their service before excusing them.
They deliberated almost 18 hours after listening to evidence in
the week-and-a-half-long trial for the stabbing death of MS-13
gang leader Gabriel Granillo in a melee in a Montrose park on June
6, 2006.
The eight men and four women had been sequestered for two nights
after beginning deliberations at 1 p.m. Wednesday.
Benton was released on $40,000 bail and remains under house
arrest.
Her attorneys argued that the teen stabbed the 5-foot-10-inch
Granillo in self-defense after he swung a bat at her twice.
Prosecutors said Granillo was running away from the fight,
"abandoning the encounter" when Benton "caught" him with a
double-bladed knife, burying it 5 1/2 inches into his chest,
piercing his heart.
One of Benton's trial lawyers said seven jurors did not believe
she was guilty of murder. The jury also considered a charge of
illegally carrying a deadly weapon, a Class A misdemeanor.
"We had one not guilty across the board, five (voted for) guilty
of murder, six (for) guilty of (the lesser count of) possession of
a prohibited weapon," attorney Brian Wice said. "So our position
is, seven jurors thought that she was not guilty of murder."
Prosecutor Mia Magness disagreed with Wice's assessment after
talking to jurors for about an hour, but declined to clarify what
jurors told her about the split.
Chaos at Montrose park
The Ervan Chew park gang fight involved members of a local clique
of international gang MS-13 and Montrose-area gang Crazy Crew.
Eyewitnesses said the combatants, mostly teenagers, had bats, golf
clubs and at least one machete. Most witnesses in the trial said
the fight involved a lot of chasing around the park.
According to most accounts, the only strike in the fight, other
than Benton stabbing Granillo, happened after a Crazy Crew gang
member threw a bat at a fallen MS-13 member who then hit the Crazy
Crew member in the head with the bat.
The most compelling testimony came from Benton herself, first in
an audiotaped statement from the day after the incident played by
the prosecution, then from Benton on the witness stand.
In the taped statement, Benton said she "caught" Granillo as he
turned away. On the stand, she emphasized that Granillo was
swinging a bat at her.
Wice said he hopes both the prosecution and defense can take a
step back and examine what the state's case would consist of
during a second trial.
"I would hope that after a cooling off period, there can be a
meeting of the minds about what the proper disposition of this
case should be, short of a second trial for murder," Wice said.
Wice pointed out that most of the jury felt that Benton was only
guilty of the possession of a prohibited weapon charge, a Class A
misdemeanor.
"That would be an equitable disposition," Wice said.
Veteran Houston defense attorney Troy McKinney believes that,
regardless of which way the jury split, the mistrial is good news
for the Benton team, which included Rick Detoto and Kent Schaffer.
"I think it will be much harder for the prosecution next time,"
McKinney said.
"They've played all their cards. There's nothing else to play," he
said. "The defense is what the defense was, and still is. I mean,
self-defense doesn't change. And the fact that (the prosecution)
wasn't able to convince the jury this time, after a long
deliberation, doesn't bode well for next time — if there is a next
time."
Agreeing with that analysis, former juvenile prosecutor Shelby
A.D. Moore, a professor at South Texas College of Law, said a hung
jury in this case bodes better for the defense than it does for
the prosecution.
"What you realize is that those jurors were not convinced beyond a
reasonable doubt that this young woman should be convicted of
murder — and they didn't do it."
Chronicle reporter Cindy George contributed to this report.
Mistrial declared in gang-killing case
By Brian Rogers and Steve McVicker - The Houston Chronicle
June 29, 2007
State District Judge Devon Anderson this afternoon declared a
mistrial in the Ashley Benton murder trial, citing a hung jury.
The 17-year-old was charged in the death of 15-year-old Gabriel
Granillo, a member of the MS-13 gang. Benton, who was affiliated
with the Montrose gang Crazy Crew, said she stabbed him in
self-defense during a gang fight in June 2006. Prosecutors said
Granillo was running away from the fight when he was stabbed.
Benton cried as Anderson declared the mistrial. One of the jurors
broke down in tears.
The two sides are set to meet in two weeks after evaluating their
positions to determine how to proceed. They may have a retrial or
they may make a plea deal, defense attorneys said.
According to one of Benton's trial lawyers, seven members of the
jury did not believe she was guilty of murder.
"We had one not guilty across the board, five (voted for) guilty
of murder, six (for) guilty of (the lesser count of) possession of
a prohibited weapon," attorney Brian Wice said. ``So our position
is, seven jurors thought that she was not guilty of murder.''
Prosecutor Mia Magness disagreed with Wice's assessment after
talking to jurors for about an hour, but declined to clarify what
jurors told her about the split.
She said the district attorney's office would evaluate all of the
information that came out in trial and make a decision about
whether to retry the case in two weeks.
Wice says he hopes both the prosecution and defense can take a
step back at this point and examine what the state's case would
consist of during a second trial.
"I would hope that after a cooling off period, there can be a
meeting of the minds about what the proper disposition of this
case should be, short of a second trial for murder," Wice said.
He said that since most of the jury felt that Benton was only
guilty of the weapon possession charge, a class A misdemeanor,
"That would be an equitable disposition."
Veteran Houston defense attorney Troy McKinney believes that the
mistrial is good news for the Benton team.
"I think it will be much harder for the prosecution next time,"
McKinney said. "They've played all their cards.
There's nothing else to play. The defense is what the defense was,
and still is. I mean, self-defense doesn't change. And the fact
that (the prosecution) wasn't able to convince the jury this time,
after a long deliberation, doesn't bode well for next time - if
there is a next time.'
Jurors began deliberating Benton's fate early Wednesday afternoon
after listening to about seven days of testimony, including
testimony from five gang members.
On Thursday, jurors asked several questions and wanted to see all
physical evidence against Benton.
Evidence included a double-bladed knife Benton plunged 5 1/2
inches into Granillo's chest, piercing his heart. They also saw a
bat with Granillo's blood on it that Benton said he swung at her
twice before she stabbed him on June 6, 2006 during a fight at
Ervan Chew park.
In addition to maps, diagrams and photos, jurors also got the
audio statement Benton made to police a day after the stabbing -
something both sides asked them to listen to. In closing
arguments, both sides pointed to the tape as proof of what
happened.
Communicating through notes to the court, the jury also asked
several questions, including clarification on when they should put
themselves into Benton's shoes, a legal question when determining
self-defense.
They also asked to be read testimony from two eyewitness who saw
the fight, but not the stabbing. The witnesses, a neighbor and a
lifeguard who worked at the pool at the park, told tales of gang
members running back and forth chasing each other in the middle of
the afternoon fight.
Benton was 16 when she stabbed Granillo. Although she was a minor,
Benton was certified to stand trial as an adult.
Jury deliberating Ashley Benton's fate
By Brian Rogers - The Houston Chronicle
June 28, 2007
Jurors, who Wednesday saw prosecutors flash knives and defense
attorneys swing bats in their closing arguments, continue
deliberating today over whether a 17-year-old girl murdered a
rival gang leader.
Jurors in the Ashley Benton murder trial were sequestered
overnight, after beginning deliberations about 1 p.m. Wednesday.
Benton is accused of murdering MS-13 gang member Gabriel Granillo
when she plunged a double-bladed knife into the 15-year-old's
heart during a fight at a Montrose-area park.
"Gabriel Granillo had an appointment with death," defense attorney
Kent Schaffer said. "It was either his or someone else's."
"It doesn't matter who the victim is," Assistant District Attorney
Mia Magness said. "Saint or sinner."
Each side spoke for about an hour, pulling together seven days of
evidence, including gang member testimony, the knife and a bat
with Granillo's blood on it.
Lying on the stand
Jurors listened attentively, occasionally nodding as both sides
made points about lies gang members admitted they told on the
stand.
Schaffer reminded jurors that one member of MS-13, an
international gang from El Salvador, told 36 lies while on the
stand.
"There are people older than me that haven't told 36 lies in their
whole life," Shaffer said.
Magness pointed out the obvious: When someone is killed in a gang
fight, the witnesses are going to be gang members.
"You don't think I wish I could have picked my witnesses?" Magness
said.
Both sides asked jurors to listen to Benton's audio taped
statement detailing what happened during the fight at Ervan Chew
park on June 6, 2006 — something the jury didn't do in four hours
of deliberation Wednesday.
Throughout the trial, the defense has argued that Benton stabbed
the 5-foot-10-inch gang leader in the middle of his chest in
self-defense as he swung a bat at her. The prosecution has said
that Granillo was running away when he was stabbed.
On the tape, Benton said Granillo was turning away, "when I caught
him" — an image prosecutors tried to send the jury away with at
the end of arguments.
"He couldn't run away because she 'caught' him," Magness said.
"How do you catch something that's not running away?"
Schaffer said Benton misspoke each time she told the investigator
that Granillo was "turning away" and "starting to run away."
"Listen to the context," Schaffer said.
He said Benton explains that Granillo was turned in place after
swinging the bat — not running away. "Listen to the tape."
Tone and demeanor
Magness asked jurors to listen to see if Benton was scared,
nervous and in fear as the defense contended.
"She doesn't sound scared, nervous or in fear to me," Magness
said. "Evaluate it for tone and demeanor."
On the tape, Benton can be heard talking in an animated voice and
laughing occasionally about the events leading up to the stabbing.
As they closed their arguments, both sides asked jurors to side
with them for different reasons.
"Every crime is a tragedy," Schaffer said. "But not every tragedy
is a crime. This is classic self-defense."
"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."
Benton faces a sentence ranging from probation to life in prison
if convicted of murder.
Benton cool, crying during murder trial testimony
By Brian Rogers - The Houston Chronicle
June 27, 2007
Tearful at times, but more often staying cool under fire, Ashley
Benton on Tuesday described how she fatally stabbed a 15-year-old
gang leader in a fight last June, saying she did it to protect
herself.
With the double-bladed knife that killed Gabriel Granillo in her
hand and with tears in her eyes, she showed how she stabbed the
MS-13 gang member once in the heart after he swung a bat at her
twice.
"I closed my eyes and just stabbed him," the 17-year-old said at
the start of a long day of testimony.
On cross-examination, Harris County Assistant District Attorney
Mia Magness asked her how she landed the "lucky shot."
"I wouldn't call it a lucky shot," Benton said.
"You hit him right in the heart and buried the knife to the hilt,
didn't you?" Magness asked rhetorically.
Magness questioned Benton for more than an hour. Benton said she
was nervous on the witness stand and at times seemed close to
breaking down in tears under questioning from the prosecutor.
Magness went through Benton's statement to police almost line by
line, asking her why she lied to police about several facts in the
case, including where she went before the fight and what happened
to the knife afterward.
"I don't know," Benton said of the reasons she lied.
Magness also reminded her that she told police five times that
Granillo had started to turn around to run away when she stabbed
him once in the heart.
Benton's attorney, Rick DeToto, worked to rehabilitate Benton's
testimony by showing that she also told police Granillo was facing
her.
In a demonstration for the jury, DeToto played the part of
Granillo and twice waved an aluminum bat at Benton in front of
jurors in slow motion. Then Benton showed jurors how she came
across him with the knife.
"I was freaked out," Benton said. "I had blood on my hands."
Benton looked at jurors as she said she carried the knife for
protection in what she considered a rough neighborhood.
"It's not safe for a young girl walking by herself in that
neighborhood," she said.
Benton is on trial for murder in the stabbing, which occurred
during a gang fight between MS-13 and Montrose-area gang Crazy
Crew on June 6, 2006.
Benton's attorneys have said she stabbed Granillo in self-defense.
Prosecutors have said Granillo was running away from the fight.
'A bad decision'
On the stand, Benton outlined the days before the stabbing at
Ervan Chew park, which included two fights she watched before the
"rumble."
She said the large gang fight started that afternoon when several
gang members she was riding with responded to gang signs "thrown"
by MS-13 gang members parked in a parking lot near Lamar High.
Benton said she wasn't a member of Crazy Crew, but was friends
with several of the gang's members.
As she talked about them through the afternoon, she could only
refer to them by their street names, unable to remember their
proper names, even after several references.
She said she bought the knife that killed Granillo for $8 at a
corner store near her house.
"It was a bad decision on my part," Benton said. She said she
bought the "ugly" double-bladed knife to scare would-be attackers
away.
"I didn't want to hurt anyone," Benton said.
During the fight, Benton took the knife out of her backpack where
she kept it as she went through her day, including at school.
Months before, Benton was disciplined at school when officials
searched her backpack and found a different two-bladed knife.
After the stabbing, Benton and two friends ran to a nearby Mexican
restaurant. A friend of Benton's took the knife and threw it into
a bush.
Blood in the sink
Benton later retrieved the knife and cleaned it. She 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.
On the stand Tuesday, Benton was able to handle the knife without
gloves during the demonstration. Both sides had agreed that no
blood was on the knife that needed to be preserved as evidence.
Closing arguments in the case are expected today.
Victim was fleeing gang fight, Benton said in recording
By Brian Rogers - The Houston Chronicle
June 26, 2007
In an animated voice punctuated with laughter, Ashley Benton said
five times that MS-13 gang member Gabriel Granillo had started to
turn around to run away when she stabbed him once in the heart.
"When he started to run away, that's when I caught him," Benton
said on a taped statement played for jurors Monday in Benton's
murder trial.
"He was trying to run away."
Prosecutors presented the tape as their last piece of evidence in
the trial of 17-year-old Benton, who fatally stabbed Granillo in a
Montrose-area park last June. Defense attorneys are expected to
open their case today with other eyewitnesses. Benton may also
testify in her own defense.
Benton shifted uncomfortably in her seat as the 25-minute-long
audiotape played, then wiped tears from her face as her attorneys
cross-examined Fil Waters, the Houston Police Department
investigator who taped the statement about the gang fight on June
6, 2006.
Benton said Granillo, who according to court testimony was a
leader in a local clique of MS-13, was still facing her when she
"caught" him.
"I tried to scare him," she said on the tape made the day after
the incident at Ervan Chew park. She said she was surrounded by
gang members. She said Granillo swung at her head with a baseball
bat, then swung at her body.
As he turned to run, she buried the blade of her knife to the hilt
in his chest, authorities said.
Benton's attorneys have said she stabbed 15-year-old Granillo in
self-defense in a gang fight between MS-13 and Montrose-area gang
Crazy Crew. Benton was affiliated with the latter gang.
Prosecutors have maintained that Granillo was running away from
the fight.
Benton said she and friends hurried away from the scene while
Granillo was still walking around. She and her friends went to a
Mexican restaurant. Later that night, Benton learned that Granillo
died.
In his cross-examination of Waters, defense attorney Kent Schaffer
walked jurors through possible scenarios including wildly swinging
the bat to show how the wound might have been inflicted.
Jurors also saw one of Benton's double-bladed knives. Waters said
that she showed the knife to him and said it was similar to the
one she used to stab Granillo. She said that she no longer had
that knife.
The knife's curved blades opened on both sides and the handle was
designed to be held in a closed fist.
Monday began with testimony from a gang member who said he hopes
speaking out against Benton will mean he can stop worrying about
retribution.
"Cartoon," a member of Crazy Crew, said on the stand that he hopes
his testimony — for the prosecution — will remedy any possible
retribution against him and his family caused by Benton stabbing
Granillo.
Schaffer questioned the gang member about his shock when members
of MS-13 arrived at Ervan Chew park that June afternoon.
"Crazy Crew is a gang, but MS-13 is a real gang aren't they?"
Schaffer asked. The gang member said he was scared and surprised
as the rival gang ran through the park with baseball bats, bricks
and machetes. He said he is still scared of the international
gang.
Schaffer confronted the gang member about 36 "lies" within the
statements Cartoon gave investigators about the day.
The gang member testified that Granillo was holding a brick over
his head trying to hit another gang member who ran behind Benton.
He said Benton stabbed Granillo in the chest as he held the brick
over his head.
Other witnesses said Granillo had a bat in his hand.
Benton, who was 16 at the time of the incident, was certified to
be tried as an adult and faces a sentence ranging from probation
to a prison term of five years to life if convicted of murder.
State District Judge Devon Anderson ordered that gang members'
faces not be photographed or televised. Because of fear of
retaliation for cooperating with authorities, prosecutors asked
that proper names of gang members not be published.
Gang member hopes testimony will remedy retribution
By Brian Rogers - The Houston Chronicle
June 25, 2007
Saying he fears for his life, a gang member said this morning that
he hopes testifying against Ashley Benton in the slaying of an
MS-13 gang leader will mean he can stop worrying about retribution
from the rival gang.
"Cartoon," a member of Montrose area gang Crazy Crew, said on the
stand that he hopes his testimony – for the prosecution – will
remedy any possible retribution against him and his family caused
by Benton stabbing 14-year-old Gabriel Granillo. Benton was
affiliated with the Montrose gang.
Benton's attorneys have said she stabbed Granillo in self-defense
in a gang fight. Prosecutors have said Granillo was running away
from the fight.
Defense attorney Kent Schaffer questioned the gang member about
his shock when members of MS-13 arrived at Ervan Chew park in the
middle of the afternoon on June 6, 2006.
"Crazy Crew is a gang, but MS-13 is a real gang aren't they?"
Schaffer asked. The gang member said he was scared and surprised
as the rival gang ran through the park with baseball bats, bricks
and machetes. He said he is still scared of the international
gang.
Through a long morning of questions, Schaffer confronted the gang
member about 36 statements Cartoon told investigators about the
day.
The gang member testified that Granillo was holding a brick over
his head trying to hit another gang member who ran behind Benton.
He said Benton stabbed Granillo in the chest as he held the brick
over his head.
Other witnesses said Granillo had a bat in his hand.
Benton, now 17, was certified to be tried as an adult and faces a
sentence ranging from probation to a prison term of five years to
life if convicted of murder.
State District Judge Devon Anderson ordered that gang members'
faces not be photographed or televised. Because of fear of
retaliation for cooperating with authorities, prosecutors asked
that proper names of gang members not be published.
Fight was 'like Toys "R" Us,' gang member says
By Brian Rogers - The Houston Chronicle
June 23, 2007
Defense attorneys plan to confront a Crazy Crew gang member on
Monday with a line-by-line comparison of what he told authorities
versus what he testified to on Friday in the murder trial of
17-year-old Ashley Benton.
Kent Schaffer said he plans to cross-examine the 19-year-old with
previous statements to investigators.
The gang member, named "Cartoon," testified Friday that he saw
Benton stab MS-13 gang leader Gabriel Granillo during a fight at
Ervan Chew park. He described the scene with Granillo walking
away, a central theme in the prosecution's case against Benton.
Her attorneys have said she stabbed the 15-year-old in
self-defense as he swung a bat at her.
Cartoon testified Benton was one of the gang's "hang arounds" — a
person who socialized with the gang but wasn't a member.
Earlier in the day, a 16-year-old MS-13 gang member regaled jurors
with a wild tale of reckless driving, gang sign etiquette and the
bat-throwing melee in which Granillo was fatally stabbed in the
chest.
An obvious raconteur of the gang, "Greñas" (for his disheveled
hairstyle) excitedly talked with his hands about details of the
June 6, 2006, gang fight in Montrose.
He was the third member of the MS-13 gang to testify.
"It was like Toys 'R' Us," the gang member said during the
prosecution's questions.
"They were throwing bats at us, running back for more bats,
throwing them and running back for more. They had a lot of bats."
The gang fight between MS-13 and the Montrose-area gang Crazy Crew
started after Crazy Crew members flashed their hands in gang signs
as they drove past MS-13 members parked in a parking lot near
Lamar High school, gang members have testified. Benton was in one
of the Crazy Crew cars.
The MS-13 gang followed the Crazy Crew cars in a high-speed chase
through Montrose, running stop signs and red lights, according to
testimony.
The two groups ended up on opposite sides of Ervan Chew park,
where they parked and began to fight, Greñas said.
The courtroom erupted in laughter several times during Greñas'
colorful account of the day, but his responses were muted and low
as defense attorney Rick DeToto cross-examined him.
Greñas said MS-13 gang members didn't fear Crazy Crew because they
weren't a "real" gang. He agreed with other gang testimony that
Crazy Crew members were "little kids from Lamar."
Benton, 16 at the time of the incident, was certified to be tried
as an adult.
State District Judge Devon Anderson ordered that gang members'
faces not be photographed or televised. Because of fear of
retaliation for cooperating with authorities, prosecutors asked
that proper names of gang members not be published.
Gang member says Benton chased him with knife
By Brian Rogers - The Houston Chronicle
June 22, 2007
An MS-13 gang member testified Thursday that Ashley Benton chased
him around a Montrose-area park with a knife before fatally
stabbing another gang member in a fight last June.
The 19-year-old who goes by the name "Pajaro" or "Bird" is the
second MS-13 gang member to testify in the murder trial of Benton,
who has admitted to stabbing Gabriel Granillo. Benton, 17, claimed
self-defense.
On a large pad in front of the jury, the witness drew a
double-blade bladed knife with a blade extending from both sides
of a closed fist. The knife was held in place with a strap.
Through a translator, the El Salvadoran national said Benton, who
is associated with the Montrose-area gang Crazy Crew, swiped at
him and tried to stab him with the knife as she chased him. He
said she couldn't catch him.
"Bird" testified through the afternoon, and continued to say that
Benton had chased him. However, he changed his story under
cross-examination about several other things that happened on June
6, 2006. While he continued to say Benton chased him as he
testified through the afternoon, "Bird" changed his story under
cross-examination about several other things that happened on June
6, 2006.
He first said he didn't have a weapon and didn't slash the tires
of a car belonging to a member of Crazy Crew.
After a break, he admitted to slashing the tires with a 4-inch
blade he brought to Ervan Chew Park. He also changed his story
about where he was in the park, and after the stabbing.
"Bird" said he didn't see the fatal stabbing, but saw 15-year-old
Granillo fall as members of Crazy Crew continued to attack.
Benton's attorneys have said she stabbed Granillo after he swung a
bat at her twice. Prosecutors have said Granillo abandoned the
encounter and was running away from the fight.
Earlier in the day, Benton's defense lawyer held a baseball bat in
a batter's stance and asked another MS-13 gang member to mark his
shirt where he said he saw her stab Granillo.
The 20-year-old gang member known as "Cucaracha," or "Roach,"
marked the shirt under attorney Kent Schaffer's hands holding the
bat up then had trouble explaining how Granillo was stabbed. He
also didn't know whether Benton buried the knife in Granillo's
heart with her right hand or her left.
During questioning, Harris County Assistant District Attorney Mia
Magness pointed out that Granillo wasn't swinging the bat at
Benton, a part of Benton's claim of self-defense.
In testimony peppered with "I don't recall" and "I don't
remember," the gang member did little to clear up the different
stories he told authorities throughout during the investigation
into the gang fight.
When talk turned to his place in MS-13, he said he was a local
member and had traveled to El Salvador, where the gang began.
However, he flatly refused to discuss his rank in the
organization.
State District Judge Devon Anderson forbade media from showing
pictures of gang members who testify. Because of fear of
retaliation for cooperating with authorities, prosecutors asked
that proper names of gang members not be published.
Gang member tells how Benton stabbed teen
By Brian Rogers - The Houston Chronicle
June 21, 2007
Gang leader Gabriel Granillo wasn't running away from a melee in
Ervan Chew park when he was fatally stabbed in the heart, an
eyewitness testified Wednesday in the murder trial of 17-year-old
Ashley Benton.
The 20-year-old gang member known as "Cucaracha," or "Roach," said
he saw Benton stab the 15-year-old leader of a local clique of the
international gang MS-13 out of the corner of his eye while both
were fighting off several members of the Montrose-area gang Crazy
Crew.
"She came around him like this," the gang member said as he
demonstrated with defense attorney Kent Schaffer how Benton
reached around past the baseball bat Granillo was holding on his
right and plunged the knife into his heart.
Benton's attorneys have said Benton stabbed Granillo in
self-defense after he swung a bat at her twice.
Prosecutors have said Granillo had abandoned the encounter and was
running away from the fight.
"He wasn't running away," the gang member said.
The witness and Granillo were members of Southwest Locos
Salvatrucha, a Houston clique of the well-known international gang
MS-13, or Mara Salvatrucha.
Authorities testified that Granillo had attained a position of
leadership in MS-13 and was a leader of SWLS, a fact that
Cucaracha said he knew about.
Granillo gave orders
He said older gang members were taking orders from Granillo that
day — June 6, 2006 — in the park.
On the witness stand, Cucaracha said the gangs clashed as the
MS-13 members waited for a friend who, like Benton, was getting
out of summer school at Lamar High about 2 p.m.
Members of Crazy Crew threw gang signs as they drove past MS-13
members parked at the nearby CVS pharmacy, Cucaracha said. The
MS-13 members, in several cars, chased the two "Crazy Crew cars,"
one of which was carrying Benton.
They all ended up at Ervan Chew Park when the fight began in
earnest after 15 members of Crazy Crew walked across the park,
threw their bats at three MS-13 gang members and then ran back to
their two cars for more bats, Cucaracha said.
"That's where we got the bats," the MS-13 member said.
In the middle of a long cross-examination Wednesday afternoon,
Schaffer first asked the gang member to demonstrate how Granillo
was holding the bat before he was stabbed.
The gang member held the aluminum bat in a batter's stance and
said Granillo was surrounded by three gang members and Benton.
"Don't hit me," Schaffer said as the gang member choked up on the
bat, a comment that made the jury laugh after an hour of tense
exchange between the lawyer and the witness.
Schaffer later reminded the gang member that he originally said to
police that "I never saw actually who stabbed Gabriel."
Earlier in the day, the gang member said he lied repeatedly to
police about what happened because he "didn't want to get into
trouble."
Gamut of emotions
The heavily anticipated testimony from the first of several gang
members expected to testify in the trial ran the gamut — from
remorse to indignation.
He said he and the boy's brother cried while investigators asked
them about Granillo.
He said Granillo stumbled on the sidewalk, where he bled
profusely, before fellow gang members tried to walk him to his
car. Granillo fell again in the grass, where he took a deep
breath, his eyes rolled back and he died.
"I knew he was dead," Cucaracha said. "I think he choked to death
on his own blood."
State District Judge Devon Anderson asked the media not to publish
pictures of gang members who testify in the trial. Prosecutors
asked that names of gang members who fear retaliation not be
published.
Security tight as Benton stabbing trial begins
By Brian Rogers - The Houston Chronicle
June 18, 2007
When Ashley Benton walked out of jail almost a year ago after
posting bail, she was surrounded by six deputies and escorted to a
car because of a death threat from one of the world's most
notorious and violent street gangs: MS-13.
As the 17-year-old girl's trial for fatally stabbing 15-year-old
Gabriel Granillo in a Montrose-area gang fight begins today,
authorities in the downtown criminal courthouse are bracing for
gang members from both sides to attend as witnesses and
spectators.
As Benton walked through the courthouse for pretrial hearings last
week, she was escorted by two deputies, for her protection, her
attorney said.
Benton was associated with the gang Crazy Crew when a fight
erupted in Chew Park in June 2006 with members of Mara Salvatrucha,
or MS-13, of which Granillo was a member.
Benton has said she stabbed Granillo in self-defense after the boy
swung a bat at her in the middle of the melee. She is charged with
murder.
Prosecutors and the defense have said they will emphasize the
teens' gang connections, and expect to call gang members to
testify.
Violent reputation
MS-13 recently was implicated in a massacre in Honduras that left
28 people dead in 2004. In Houston, MS-13 has a violent presence
that includes robbing, killing and human smuggling, said Caroline
Dozier , one of the gang experts in the District Attorney's
Office.
Like other gangs, she said, MS-13 is known for drug trafficking,
carjacking and smuggling in illegal immigrants.
"Yes, they're dangerous. Yes, they're bad," Dozier said. "Just
like any other criminal street gang, they're bad."
Crazy Crew is a small Hispanic gang in Houston's Montrose area,
with membership passed from fathers and uncles to teenage boys,
Dozier said. Because girls aren't allowed in Crazy Crew, Benton
wasn't a member but was friends with alleged gang members, her
attorneys have said.
MS-13 gang members are likely to wear jeans and T-shirts or
jerseys with the gang's colors, blue and white, Dozier said.
Trend away from tattoos
She said active members generally range from age 15 to 25. And
because MS-13 is moving away from tattooing, newer members might
not have any.
Dozier said it's possible that none will show, because so many are
in the country illegally, generally from Honduras and El Salvador,
and don't want to risk deportation.
In a murder case last year, in which one MS-13 gang member
testified against another, Dozier said none of the gang appeared
to attend.
Should gang members appear upstairs, the Sheriff's Office will
have extra personnel in and around the courtroom.
"Security is going to be a big concern," said sheriff's spokesman
Lt. John Martin. He said the hallway in front of the courtroom
will be cordoned off and spectators and witnesses will be "wanded"
with a handheld metal detector.
The measure is a "redundancy" Martin said, because people entering
the courthouse pass though an airport-like checkpoint with metal
detectors and X-ray machines. County employees and some other
courthouse workers don't have to pass through the detectors.
Besides additional bailiffs, Martin said he expects to involve the
sheriff's Emergency Response Team, a small band of officers
sometimes clad in military-style fatigues. He said the officers
would probably wear regular uniforms in court.
Martin said cases warranting "heightened" security are common and
ERT officers escort defendants, especially in capital murder
cases, from their cell to the courtroom.
Security often upgraded
He said about 25 cases now have heightened security. Defendants in
those cases may only come to court for a few minutes once a month.
Others are in trial every day for weeks.
The Harris County Precinct 1 Constable's Office is responsible for
security in the lobby and the area surrounding the Criminal
Justice Center, while a private firm, Initial Security, runs the
metal detectors at the front door.
"There will be an added presence (for Benton's trial), some of it
seen and some of it not seen," said constable's Lt. Bill Ruland.
Additional officers will act as "spotters" in the lobby and
through the courthouse to watch for troublemakers in the crush of
people entering the courthouse every day at 9 a.m. He also expects
foot and bike patrol officers outside to guard against a potential
gang fight. Bomb-detecting dogs also will be involved, Ruland
said.
Lead defense attorney Rick DeToto, who picked Benton up from jail
when she was released last August, said deputies told him a "hit"
had been issued on her in retaliation for Granillo's stabbing. He
said armed deputies walked them to his car and stopped traffic as
he drove away.
"It was pretty nerve-wracking," DeToto said. "And that carries
over when things start heating up again.
Trial opens for teen in gang stabbing death
By Brian Rogers - The Houston Chronicle
June 18, 2007
As officers swarmed the hallways and courtroom where a 17-year-old
girl is on trial for murder, attorneys on both sides told jurors
this morning what they thought the evidence would show in the
stabbing death of Gabriel Granillo.
"It's a fact that Ashley Benton killed Gabriel Granillo," defense
attorney Kent Schaffer said. "And it's a fact that it was
self-defense."
Prosecutor Mia Magness said Granillo was running away from a fight
when Benton stabbed him through the heart.
Both sides agreed that the slaying took place during a gang fight
between MS-13, a notorious international gang, and the
Montrose-area gang Crazy Crew.
Because of the possibility of rival gang members testifying or
watching the trial, security at the courthouse and around the
courtroom was increased, including the use of canine units.
The extra measures included officers stationed in the hallway and
in each corner of the courtroom. Security used hand held devices
to scan spectators before they entered the courtroom.
The stabbing occurred June 6 of last year during a melee involving
about 30 people at Ervan Chew Park in Houston's Montrose area.
Police said bats, golf clubs, tire irons and machetes were used
during the fight. Benton was 16 at the time but was certified to
stand trial as an adult.
Girl, 15, arrested in Houston gang death
By Mike Glenn and Jennifer Radcliffe - The Houston Chronicle
June 8, 2006
Houston police arrested a 15-year-old girl Wednesday night in the
stabbing death Tuesday of a boy who police said was the victim of
a rival gang.
"They did arrest a 15-year-old suspect. She has been arrested,"
HPD spokesman Alvin Wright said late Wednesday. He identified the
girl as a suspect in the death of Gabriel Granillo. She was
arrested at her home.
Meanwhile, police stepped up patrols in the neighborhood
surrounding a Montrose park where Granillo, identified as having a
gang affiliation, was beaten and fatally stabbed by rival gang
members.
Officials are concerned that Granillo's death may spark episodes
of violent retaliation at Ervan Chew Park, a popular neighborhood
park in the 4500 block of Dunlavy, "even though we believe this
(killing) to be an isolated incident," HPD Capt. Dwayne Ready
said.
Granillo, identified by police as being 14 but whose family say
was 15, was with two unidentified youths, including at least one
thought to be a gang member, when they were ambushed at 2:30 p.m.
at the park, HPD detectives said.
On Tuesday, police said they thought Granillo was in a gang, but
on Wednesday said he was "affiliated" with a gang. The teen's
family said Wednesday that he was linked with MS-13, which began
in Los Angeles among Central American immigrants and now has tens
of thousands of members spread throughout Latin America and the
U.S.
About 20 to 30 members, primarily Hispanic, of a rival gang
surrounded Granillo and attacked with several weapons, including
baseball bats, tire irons and golf clubs.
The motive for the slaying remains unknown but investigators think
the attack was planned. Because the larger group approached
Granillo and the other teens from two sides, Ready said the
assault appeared to be premeditated. "This wasn't just one of your
random crimes of opportunity."
Although police have characterized the slaying as an ambush, a
witness saw Granillo arrive at the park with a baseball bat in
hand. Within minutes, he said, friends joined Granillo and the two
other boys.
The witness, who did not want to be identified, said the two
groups chased each other across the park several times before
running into a nearby neighborhood, where they smashed car windows
and slashed tires. The scene lasted "an intense 10 minutes," the
witness said. "It just kept going back and forth," the witness
recalled. "It was like they were fighting over the park."
After he was stabbed, Granillo stumbled about halfway through the
park before collapsing near a sidewalk.
"It looked like he tripped over his own feet. He fell down and he
never got up," the teenage witness said. "People were just running
by him."
Police had described the person who stabbed Granillo as a young
white female, about 5-feet-5 inches tall and weighing about 120
pounds. She has shoulder-length blond hair and was wearing a navy
blue shirt and blue jeans, police said.
"We also believe there were a couple of Hispanic females with the
larger group," Ready said.
Girls in gangs 'not new'
Though some may think street-gang membership is restricted to
young men, police officials said that's not the case.
"There is a misconception about gangs that they're only juvenile
males," Ready said. "Having a female be a gang member is not
something new. It's less common than male gang members, but not
new."
Granillo's last known address, police said, was at a Houston
apartment complex in the 6200 block of West Bellfort, more than 10
miles from the park. It wasn't clear why he and the two others
were at the park at the time, Ready said.
The two youths with Granillo are cooperating with investigators,
Ready said.
"They have obtained some information (but) I can't go into the
details," he said.
Some of the youths who attacked Granillo wore clothes with Lamar
High School insignia but police didn't know whether they were
students.
"I can't say with any certainty what high school they go to,"
Ready said. "I can only tell you with certainty that some of the
individuals involved had attire that indicated Lamar High School
on it."
School's gang policy
Students at Lamar High School say there are several youth gangs on
campus.
"I see a lot of them wearing their colors and stuff," said Yousef
Qutob, 16, a junior. "I don't see too many problems or too many
fights, but I do see them throwing up gang signs."
Other students say they feel safe because administrators have
cracked down on suspicious activity — including sending fighting
students to alternative schools and ordering outsiders off campus.
"This school is very safe. They're really strict," Oyuki Lopez,
17, said. "Once they find out you're doing something bad, that's
it — you're gone."
Lopez was disappointed that some of her fellow students may have
been involved in the fatal fight, which happened less than 30
minutes after the first day of summer school dismissed.
"It's like they're fighting over the stupidest things you can
think of," Lopez said.
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. "I can only say that our police increased
patrols in the area," Abbott said.
Harris County Constables beefed up patrols and were circling the
campus Wednesday afternoon, alongside district and city police
officers.
"We're simply developing leads and we'll go wherever they lead
us," Ready said.
Anyone with information is asked to call HPD at 713-308-3600 or
Crime Stoppers at 713-222-TIPS.
Chronicle reporter Anne Marie Kilday contributed to this report.