FL - Doug Benefield, 58, shot and killed by estranged wife, Manatee County, 27 Sept 2020

[arielilane]

The defense attorney is something else. Glad the state's attorney spoke up. What is up with defense besides his interruptions and ramblings... moo

 

[I am not Sherlock H.]

IMO the hits keep coming from defense counsel…..

The nerve of this defense attorney. I suspect the judge is required by law to make this disclosure to the defendant. Amazing.

And IMO seems a telegraph that defense has already clearly told her not to testify. And is worried she might change her mind? IANAL. MOO

 

[Wishbone]

Wonder if the defense is going to call all those witnesses they held over for recall or did they just ruin their week for nothing......

 

[arielilane]

-- The defense begins to present their case tomorrow
-- It is also possible we hear about the emails Ms. Murphy had concerns about
moo

 

[bobbymkii]

Did the state prove that the defendant was not acting in self-defense when she shot and killed Douglas Benefield? moo

I guess we'll find out how important this is when the jury are instructed. I know the ultimate burden of proof is on the state, but surely the defense have to prove to some degree that she defended herself? I think I heard Taylor mention the phrase "a preponderance of the evidence" at some point today?

MOO

 

[nodamselindistress]

Just read up on this (am not linking since it was lawyer site and not sure if allowed).

As I understand it, evidently self-defense is an affirmative defense by the defendant and requires the defendant to provide the proof. The standard is a preponderance of the evidence, which is deemed lesser than beyond a reasonable doubt which the state must prove.

 

[bobbymkii]

That’s what I thought -
She really doesn’t have a defense…

I always try to keep an open mind. It's possible that there could be bombshells in the defense case in chief. But I have to say at the moment, the State have put forward a strong case to answer and the most likely outcome when all is said and done is AB leaving the courtroom in cuffs.

This prosecution team have done something that seems really unfashionable in this day and age of criminal justice and they have refrained from overcharging the defendant with a view to add every possible lesser-included charge at the end.

JMO

 

[sunspun]

I haven't read anything about this case except what I've read here, but I find her version of the events of that day believable. What I'm not sure of in my mind, however, is whether that should qualify as self-defense or not.

It sounds to me like once they started arguing and Doug seemed to be escalating possibly to real violence, she ran for her gun, with the expectation that once she had the gun, he would naturally back off. She thought the gun in her hand would bring her safety.

But it didn't. He likely didn't see the gun as a real threat to him, thinking she would never really shoot him. So instead of backing off from her, he attempted to close the distance and still looked to her like he could really hurt her, possibly even punched her if we can believe her words (that part I think she may have added in), so there she was, gun in hand, aimed at him, but it didn't have the effect she'd been counting on, so she just shot. Not much else she could do at that point? I think she may have thought that. I personally am totally pacifist and would've chosen to put the gun down, before someone really gets hurt, even if that meant leaving me at his mercy and in probable true danger. But she's obviously different from me; she's obviously a gun owner, and one who knows how to use them, so imo, that wasn't an option for her at that point.

So she shot him. He didn't go down, according to her, so she shot more times, which I believe is how trained professionals (cops) are also told to shoot at a dangerous, threatening individual. So I don't even fault her for shooting 3 times.

But as I said, what I'm not sure of is if I'd call that self defense. I personally don't feel like her life was in danger, and I really don't think she should have either. But it doesn't matter what I'd call it, it matters if the law calls it self defense, and I don't know. I don't think the law says you have to actually believe you may be killed; I think the law says you can shoot (and kill) someone in self defense if you believe they are trying to harm you. At that moment, of course.

I don't know, but if she knew that this man had punched a pet dog and knocked him out, that alone imo may have been enough to see him as life-threatening when he got violent. I can for sure see that as valid grounds for not wanting him to be near her newborn baby. That's why I can accept her acting the way she did about the baby. I can see why she'd go to great lengths to keep the baby away from him, including lying and making up false allegations about him, since the truth wasn't enough for the courts to prohibit him contact. I'm not saying it was right, but I can see why she would have resorted to that.

 

[Weki]

LEO reading text exchanges into evidence is the most excruciating testimony. They seem to never be able to read smoothly and in an easy to follow pattern. With the time stamps, the emojis and spelling errors it’s always a mess!

Anyway, the text exchanges were vacuous, unsurprisingly. But they show her ability to play act going from hysterical demands for him to be arrested in court to being all sweet and friendly with him. She’s not credible and she’s guilty. Why in the world would you be around someone you claim poisoned you and your baby??? It’s absolute bs. I’m behind, catching up at the ME testimony now.

JMO

 

[Weki]

She had no wounds to her body and she was all friendly with him in the days prior to her shooting and killing him. There’re no records of physical abuse. No pics. No testimony from anyone saying she told them he hit her etc. Where is the evidence of poisoning? I know the defense still has to present a case so we’ll see. But based on what I’ve seen of this defense atty I think he’s got nothing. He’s too desperate!

She left Charleston and went to Florida - so at that point she had got out of an alleged DV situation. She decided to reconcile and move to MD with him. I don’t know how there’s any evidence of DV and self-defense based on this. There’s no battered woman defense here. JMO

 

[ilovewings]

I recall watching this story back in May on ID- I recall at the time I thought she killed him and was an evil person. She is very bizarre and manipulating. I have forgotten a lot of the facts of this case and appreciate people who are posting here during the trial!
Thank you! Still can't get over that they married 13 days after they met!!! nutso

 

[bobbymkii]

I remember a self-defence case in England last year where the defence barrister tried to argue that the reason that there were no injuries on their client's body was just because they were really good at defending themselves. Members of the victim's family gasped and left the courtroom in disgust!

Maybe Taylor missed a trick there?

JMO

 

[Sustained]

She had no wounds to her body and she was all friendly with him in the days prior to her shooting and killing him. There’re no records of physical abuse. No pics. No testimony from anyone saying she told them he hit her etc. Where is the evidence of poisoning? I know the defense still has to present a case so we’ll see. But based on what I’ve seen of this defense atty I think he’s got nothing. He’s too desperate!

She left Charleston and went to Florida - so at that point she had got out of an alleged DV situation. She decided to reconcile and move to MD with him. I don’t know how there’s any evidence of DV and self-defense based on this. There’s no battered woman defense here. JMO

Either that or she set him up by having him come to Florida with the moving truck knowing she was going to kill him.

 

[Dotta]

She had no wounds to her body and she was all friendly with him in the days prior to her shooting and killing him. There’re no records of physical abuse. No pics. No testimony from anyone saying she told them he hit her etc. Where is the evidence of poisoning? I know the defense still has to present a case so we’ll see. But based on what I’ve seen of this defense atty I think he’s got nothing. He’s too desperate!

She left Charleston and went to Florida - so at that point she had got out of an alleged DV situation. She decided to reconcile and move to MD with him. I don’t know how there’s any evidence of DV and self-defense based on this. There’s no battered woman defense here. JMO

I'm not sure if there is no evidence of DV.
I seem to remember anger issues to which he confessed himself.

Another thing.
Isn't it always said that the most dangerous time for DV victim is when the woman wants to leave?

So,
if she seemed "nice to him",
it might have meant she didn't want to infuriate him further.

She had to think about the baby and her safety.

Oh,
in the links I sent earlier it was mentioned she had a "safe house" secured and a burner phone.

So,
it seems to me she decided to leave him for good.

Well,
if my partner/bf/husband
tried to control me, had anger issues, fired a gun at home and attacked my beloved dog

I would certainly run as fast as my legs could carry me and NEVER look back.

And protect a child from toxic and violent home environment.

JMO

 

[nodamselindistress]

Last week I watched part of the Marcia Thompson trial, also in FL, and also a self-defense battered wife case.

Let me tell you what a huge and visible difference between these two "victims of DV"!

Marcia had witness testimony from friends and LEO's about her beatings at the hands of her husband. She had been with him for approximately 20 years and they had 2 children. She said he threatened to slit her throat and she shot him 9 times. She was also a customs officer and trained to shoot that way.

Anyway, NOBODY disbelieved her story of abuse. It was written all over her face. She testified on her own behalf.
She was acquitted and I was glad.

NOT ONE THING IN COMMON WITH AB.

 

[Weki]

Either that or she set him up by having him come to Florida with the moving truck knowing she was going to kill him.

What a chilling thought! This woman seems unstable to me so it’s possible that was her plan.

 

[nodamselindistress]

Either that or she set him up by having him come to Florida with the moving truck knowing she was going to kill him.

He already lived in FL down the street from her. No need to "come to FL with the moving truck".

 

[Snoopster]

Very interesting read...
(for a newbie to this case, like me)

From 2021

When Doug and Ashley Benefield Started a Ballet Company, It Wasn’t Supposed to End in Death

The Charleston-based evangelicals had much in common: guns, God, Trump. What went wrong, only one of them could say.

www.vanityfair.com

Oooff!
I'm not sure I want to follow this case anymore (I just started looking into it) after reading the VF article.
Both parties "loved" their guns. The deceased was apparently aggressive, including shooting into the ceiling of their home and punching a hole in the wall, yet he quoted scripture all of the time. Ashley, for her part, was thrilled that Trump said that 'she looked good on his plane' and that he was going to hire her for her patriotism and knowledge of guns. And she pulled a gun out of her bra at the party where she met Doug and pulled a gun out of shorts when she met one of his friends.

What?? Admittedly we don't know for sure whether all of these stories are true.
This relationship was doomed from the start.

 

[Sustained]

He already lived in FL down the street from her. No need to "come to FL with the moving truck".

My mistake - I thought he was still with Eva in Mount Pleasant at that time and drove down from there.

Regardless, still might have been a setup with the intent to kill DB and AB having no intention of moving to
Maryland.

 

[nodamselindistress]

It would be nice to know what happened to the Mt Pleasant house. I assume the same house Doug owned with Renee? He moved to FL after the ballet company cratered as far as I know by 2018. He wanted to be there when his daughter was born but AB decided that she didn't want that and she did not even want the child to have his last name, so she used her Gandfather's name.