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Mistrial Declared In Park Stabbing Trial

POSTED: Friday, June 29, 2007
UPDATED: 8:36 pm CDT June 29,2007

A mistrial was declared Friday in the trial of a teenage girl accused of stabbing an MS-13 gang member to death after jurors said they were deadlocked in the third day of deliberations, KPRC Local 2 reported.

Ashley Benton, 17, is charged with murder in connection with the death of Gabriel Granillo, 15, during a gang fight at Ervan Chew Park on June 6, 2006.

Deliberations began at 1:20 p.m. on Wednesday. After 17 1/2 hours of deliberations, the panel told the judge they could not reach a verdict. To find Benton guilty, all 12 jurors had to agree that Benton is guilty beyond a reasonable doubt.

Jurors asked several questions and reviewed Benton's police statement and other documents on Thursday.

Defense attorneys contend that Benton acted in self-defense when Granillo came at her with a bat.

Throughout the trial, Benton's attorneys raised questions about the truthfulness of prosecution witnesses, many of them rival gang members, and about the prosecution's depiction of Benton as hardened gang wannabe.

"Anytime you can walk away from the courthouse without a conviction is a victory. Now it's not the ultimate victory we wanted and we believe we should get. But we live to fight another day and we will," defense attorney Kent Schaeffer said.

The jury split three ways. Some believed Benton was guilty of murdering Granillo. Some believed she was innocent, while others were convinced she was guilty of a misdemeanor -- carrying a prohibited weapon.

"My sense is they struggled with the dynamics of the offense -- the fact that they had to look to gang members for information and I think that’s difficult to ask anyone to do," prosecutor Mia Magness said.

Prosecutors said that Granillo was not attacking Benton, but trying to get away when Benton plunged a 5 1/2-inch blade into his chest.

If convicted of murder, Benton would have faced probation to life in prison.

Prosecutors said it's up to the district attorney to decide if the state will retry Benton. Her attorneys said they won't consider any plea deal that would require her to plead guilty to murder.

Judge Devon Anderson ordered a hearing in two weeks to hear what both sides have to say.

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