On June 6, 2006,Rogers, Brian. "3 years after gang killing, teen wants to 'move on'" (Archive). Houston Chronicle. Thursday September 17, 2009. Retrieved on November 12, 2015. a teenage boy named Gabriel Granillo also known as Pelón was stabbed to death at Ervan Chew Park, in the Neartown district in Houston, Texas.Hollandsworth, Skip. "Girl, Interrupted" (Archive). Texas Monthly. May 2008. Girl interrupted almost two years after brutally stabbing ... 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"."Best Move by an Appellate Lawyer (2008) Brian Wice and Kent Schaffer, Getting the Gag Order Lifted in the Teen Killer Case" (Archive). Houston Press. Retrieved on November 12, 2015. In 2014 Andy Warren of the Houston Chronicle listed the Granillo stabbing among the "infamous crimes in the Houston area".Warren, Andy (compiler). "Ashley Benton" (Archive) In: "Infamous crimes in the Houston area." Houston Chronicle. July 28, 2014. Retrieved on November 7, 2015. A 2011 novel, The Knife and the Butterfly, is based upon the incident.
Background
Ashley Benton is of English descent, 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,Radcliffe, Jennifer and Robert Crowe. "Houston stabbing death suspect had no prior arrests" (Archive). Houston Chronicle. Friday June 9, 2006. Retrieved on November 7, 2015. moved to live with her grandmother in a suburban area in northwest Houston,Peralta, Eyder and Claudia Feldman. "How they struggled" (Archive). December 4, 2006. Retrieved on November 7, 2015. 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. Marilyn D. McShane and Ming-Li Hsieh, authors of Women and Criminal Justice, noted that Benton had "a history of disruptive behavior" including various conflicts with school rules such as fighting and possession of weapons, and family issues.McShane, Marilyn D. and Ming-Li Hsieh. Women and Criminal Justice (Aspen College Series). Wolters Kluwer Law & Business, January 28, 2015. , 9781454847304. Google Books PT237 (p. 163-164). She was 16 years old at the time of Granillo's death.
Gabriel Granillo, also known as "Pelón" (Hairless in Spanish), was of Salvadorian origins, 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,Peralta, Eyder and Claudia Feldman. "A tragic day, years in the making" (Archive). December 3, 2006. Retrieved on November 7, 2015. and he was previously incarcerated in the Harris County Youth Village, a juvenile detention facility in Pasadena, Texas, near the city of Seabrook."Residential Facilities ." Harris County Juvenile Probation Department. Retrieved on November 8, 2015. "Harris County Youth Village 210 J.W. Mills Drive, Seabrook" - Despite the U.S. postal service "Seabrook" street address the center is in the city limits of Pasadena, Texas.
The stabbing and immediate aftermath
According to Hollandsworth, the reason behind the fight between MS-13 and Crazy Crew was that a Crazy Crew member had allegedly 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.Peralta, Eyder. "Pain and aftermath" (Archive). Houston Chronicle. December 5, 2006. Retrieved on November 7, 2015. 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."Peralta, Eyder and Claudia Feldman. "What happens now" (Archive). December 6, 2006. Retrieved on November 12, 2015. "City Councilmember Sue Lovell lives near Ervan Chew Park, where Gabriel was killed. Lovell knows Ashley and her friends." 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.Map of Neartown . Neartown Association. Retrieved October 20, 2008.Map of Montrose. Houston Chronicle. Retrieved October 20, 2008."Dog Parks." City of Houston. Retrieved on November 7, 2015. "Ervan Chew, located at 4502 Dunlavy (Key Map 492Z),[...]" The park, previously known as Dunlavy Park,Tolson, Mike, Mike Glenn, and Zeke Minaya. "Teen killed in gang fight in Houston park" (). Houston Chronicle. Tuesday June 6, 2006. Retrieved on November 12, 2015. was by 2006 cleaned of drugs and crime due to rehabilitation efforts; it became popular with area families as the surrounding neighborhood gentrified.Turner, Allan and Cynthia Leonor Garza. "Slaying at park rattles rehabilitated community" (). Houston Chronicle. Thursday June 8, 2006. Retrieved on November 12, 2015. 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, with numbers totaling around 20–30; the number of Crazy Crew to MS-13 was about 2 to 1. Benton later stated that she felt threatened by a person who was coming towards her, while MS-13 gang members said that Granillo was turning away from her. Benton stabbed Granillo with a double-bladed knife, killing him. The blade punctured Granillo's heart, traveling at an upward angle below the sternum.Rogers, Brian. "Teen gets probation in stabbing death" (Archive). Houston Chronicle. Friday December 7, 2007. Retrieved on November 12, 2015. Print title: "Benton avoids prison, but future isn't free of worry - Teen who fatally stabbed member of gang faces threats, 5 years' probation". Saturday December 8, 2007. p. A1. Available from NewsBank, record number 4474576, accessible with a Houston Public Library card. 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." McShane and Hsieh noted that this case, along with that of Elisabeth Mandala, was an example of a teenage girl who ended up in "statistical groups" atypical for that sex and age group and more typical for juvenile males, due to "perhaps bad choices" and "unpredictable behavior" despite Benton having normalcy "in so many ways".
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.Glenn, Mike and Jennifer Radcliffe. "Girl, 15, arrested in Houston gang death" (Archive). Houston Chronicle. Thursday June 8, 2006. Retrieved on November 12, 2015.
John Cannon, a spokesperson for HPD, described the Ervan Chew area as "relatively low-crime" and that his patrols "were surprised" by the incident.Gustin, Marene. "Is Ervan Chew Park safe?" (Archive). River Oaks Examiner. Thursday June 15, 2006. Retrieved on November 11, 2015. "At-large City Councilwoman Sue Lovell lives in the neighborhood and is president of Friends of Ervan Chew Park." 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.Manning, Tom. "Community still shaken by gang death at Dunlavy park" (Archive). Houston Chronicle. Thursday July 8, 2006. Retrieved on November 7, 2015. The Neartown Association president, Allen Ueckert, stated that the community was "on heightened alert". Immediately after the stabbing the usage of the park declined.Lozano, Juan A. "Park quiet where gang beat, stabbed 14-year-old" (). Associated Press at the Plainview Herald. Thursday June 8, 2006. Retrieved on November 11, 2015.
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,Lezon, Dale. "Girl to be tried as an adult in Ervan Chew Park slaying" (Archive). Houston Chronicle. Tuesday August 8, 2006. 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". Wice was the first attorney in contact with Benton, and DeToto and Wice recruited Schaffer due to his experience in criminal defense cases; he was known for defending prominent individuals in several criminal trials. The defense would have cost $150,000 (equivalent to $ today), but DeToto, Schaffer, and Wice agreed to represent Benton pro bono due to the low income status of her mother. The district attorney (DA) of Harris County, Texas at the time was Chuck Rosenthal.Lozano, Juan A. "Teen rejects plea deal, faces retrial in gang-related death." Associated Press at the Victoria Advocate. Saturday July 14, 2007. p. A4. Accessed from Google News on November 12, 2015. Mia Magness, the assistant district attorney, served as the main prosecutor. Magness and Wice regarded one another as quality lawyers. 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 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.