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

[Wishbone]

I found some more recent cases that cited this as well (brief summary by me) for anyone else interested. Note- sorry I can’t link to a few of these cases as they are part of paid legal subscription database sites I use. I also only did a quick cursory search so this is fairly limited but I wanted to share.

1) 2020 case, Rodell Burton v State of FL; case 19-CF-1394 // defendant was found guilty, his defense asked for bond to remain pending sentencing, Judge denied. They appealed, appellate court ruled that “The trial court's order does not "state in writing its reasons for the denial" of the motion. Fla. R. Crim. P. 3.691(b). The transcript of the December 11, 2020, hearing does not reflect that the trial court considered the criteria for post-trial release set forth in Florida Rule of Criminal Procedure 3.691(a) and Younghans v. State, 90 So. 2d 308 (Fla.1956), when reaching its decision. Within five days, the trial court shall reconsider the appellant's amended emergency motion for supersedeas/appeal bond.”

2) 2022 case, Richard Johnston v State of FL. Case 2021CF000174 // Defendant found guilty, defense sought bail/bond, Judge denied. They appealed, appellate Court ruled “This case is remanded to conduct a hearing and reconsider the appellant's motion for post-trial release, providing analysis as to the Youghans factors should the trial court find this appeal was taken in good faith.”

3) 2020 case, Wesley Brackin v State of FL; case 2D20-2650 // the defendant found guilty, defense motioned for a stay of the sentence; Judge denied. They appealed, appellate court ruled “The motion for review is granted. The trial court's order denying the appellant's motion for stay of sentence and motion for supersedeas bond is reversed. Neither the trial court's order nor the transcript of the December 21, 2020, hearing reflect that the trial court considered the criteria for post-trial release set forth in Florida Rule of Criminal Procedure 3.691(a) and Younghans v. State, 90 So. 2d 308 (Fla.1956). Within seven days, the trial court shall hold a hearing to reconsider the appellant's motion for stay of sentence and motion for supersedeas bond.”

TL;DR / short summary: I found 3 cases within the last 4 years that involved the case defense cited tonight in asking for her bond to remain and/or a stay. In these cases the appellate court ruled that the Judge/lower court did not consider the factors required for denying such a request and ordered the Court to go back and hold a hearing to reconsider what they previously summarily denied by the defense.

Does this mean that AB’s defense will be successful? Nope. But it does mean that the Court defense said they would appeal to, has already ruled in other cases that such a denial must have some specific findings or they’re going to send it right back for a hearing.

Hopefully the Judge will write this Order out and that would seemingly solve/avoid the appellate issues mentioned in the cases above.

I watched the end of the trail again. And I heard what ch13 heard. The judge replied, "if it's required, I certainly will." So there shouldn't be a need for an appeal. JMO
At the end of this video you can clearly hear the judge say those words.

 

[ch_13]

I wonder if any of the jurors will speak out.

I'm curious if the split was between murder/manslaughter or manslaughter/not guilty.

edit - I suppose the third possibility is that some were murder and some were not guilty, so they compromised with manslaughter.

 

[turaj]

I watched the end of the trail again. And I heard what ch13 heard. The judge replied, "if it's required, I certainly will." So there shouldn't be a need for an appeal. JMO
At the end of this video you can clearly hear the judge say those words.

They were very close to hung and I would really be interested in hearing what kind of split there was..Was it some for 2nd and some for Man. with no one voting not guilty? I assume that must have been the case because I just don't think going from ng to man that fast is likely. State got that manslaughter in knowing their case was not that great. That courtroom was strange...usually by the end of the trial I can figure out the players on both sides of the gallery but I still don't know who if anyone was there for AB. I guess her mother will raise Emerson who will be over 20 probably before AB is out. I hope a juror or two talks. All in all I think a fair result. AB was very friendly with her guns and carried often it seems. Seemed that gun was easy to get to considering a child lived there. I think there was some evidence he was not coming at her at all and she did not shoot once but four times and would have shot more but it jammed as I understood it. Were it not for the child I think DB would have been long gone and never followed her to Florida. He was fixated on her for sure...a typical midlife move for a man...but he was not going to be told that he could not see and be involved with his daughter. The reason for the c section told me that AB has deep psychological problems. Interesting case. Learned a lot from reading comments here and thank everyone for sharing their thoughts. I think next trial for me will be Donna A.

 

[turaj]

I wonder if any of the jurors will speak out.

I'm curious if the split was between murder/manslaughter or manslaughter/not guilty.

edit - I suppose the third possibility is that some were murder and some were not guilty, so they compromised with manslaughter.

I don't know exactly how much time elapsed between note and sending them back but it seemed less than one hour. I don't think you go from NG to Manslaughter that fast at least I hope you don't . This was the compromise for one or more than could not vote 2nd. It was exactly the concern of Taylor and I think he knew his client was in trouble when manslaughter came in. That jury wanted to get the job done last night as usually with a hold out it takes longer and often they never change. Given the state's weak case I think they are should this a real win!

 

[ilovewings]

I think a manslaughter conviction as opposed to 2nd degree sweeps away her ill will and all the gamesmanship she engaged in with respect to false allegations and abuse of the court systems to get what she wanted. A manslaughter conviction puts some blame on Doug. It says she was somewhat justified. I don’t like that guilty female defendants like her can cry and falsely claim abuse and get away with murder. It is unjust. It’s not just about the number of years she will do in prison. I doubt she will get the max by the way. I think she will get 20, hopefully and she won’t do all of it. She’ll get out earlier. But if it were murder she likely wouldn’t be out earlier. JMO

I agree she should have been convicted of murder, but don't minimize the fact that she will be in prison for at least several years- I personally cannot think of anything worse than being in prison for even one day- losing your freedom in every conceivable way is a nightmare, and she will be in prison for several years. I expect the judge to give her less than 20 years and she will get out for good behavior sooner. While the sentence is not the justice we think she deserved, she was found guilty and she pay for what she did.

 

[Weki]

When all is said and done I would not be surprised if she only ends up doing 7-10 years. She’ll be out early 40s still a full life ahead of her. She will play wrongly convicted poor little DV victim. She will remarry.

JMO

 

[turaj]

Can you imagine the mood swing from being called in and they are "hung" to a short what hour? and you are convicted of manslaughter. If I were her I would have been relieved at the hung to buy more time out of prison. It sounds like a pre sentence report will happen and they are really backed up on those so sentencing likely out a few months? I assume her mother will at least write something for Taylor to read in court on sentencing day. I question that mother's ability to raise a child based on some of her comments on the stand and the fact that she had the little girl standing there with a sign. Someone last night on LYK live show said they had heard that DB's family wanted some contact with Emerson including Eva. Going to be interesting. What a nightmare this wannabe ballerina created for everyone.

 

[Weki]

I don't know exactly how much time elapsed between note and sending them back but it seemed less than one hour. I don't think you go from NG to Manslaughter that fast at least I hope you don't . This was the compromise for one or more than could not vote 2nd. It was exactly the concern of Taylor and I think he knew his client was in trouble when manslaughter came in. That jury wanted to get the job done last night as usually with a hold out it takes longer and often they never change. Given the state's weak case I think they are should this a real win!

Taylor is not as dumb as he pretends to be. He knows this was the best outcome for his client. If there were no lesser includeds there could be a hung jury and a retrial. He doesn’t want to retry this case and I’m not sure that’s in her best interest. A resolution is in her best interest and this is the best she could’ve hoped for.

JMO

 

[turaj]

When all is said and done I would not be surprised if she only ends up doing 7-10 years. She’ll be out early 40s still a full life ahead of her. She will play wrongly convicted poor little DV victim. She will remarry.

JMO

at least no time served. If find the judge hard to read and not sure what he will do.Given she has no priors I think if you keep her away from guns (almost impossible) she may not be heard from again. AS I understand it has a boyfriend but saw no one that fit that description in courtroom even for verdict. Maybe she will get the help she needs in prison and learn some skill to get a job? I don't think she even finished HS.

 

[MTW2011]

a reminder that some of the jurors had indicated to the Court that they had “time restraints” to be able to be there on Wednesday (today).

I think that is partly why they continued to so late, some of them couldn’t be there today. JMOO

 

[Linda7NJ]

So …there was a verdict. Sigh - I just made breakfast, settled in to check, and I discover the verdict was read already!

I’m glad she didn’t get off.

She’s certainly a weird one.
So cold and void of real emotions.

 

[bobbymkii]

I find manslaughter to be a really difficult charge to predict what the sentence will be in every jurisdiction I can think of, or how long before parole becomes an option. Sometimes the sentence is decades, sometimes it's astonishingly low!

I'm also wondering (well ahead of time) if AB will be allowed to wear street clothes at her sentence hearing or if she'll have to wear prison scrubs and shackles in court?

JMO

 

[ilovewings]

Can you imagine the mood swing from being called in and they are "hung" to a short what hour? and you are convicted of manslaughter. If I were her I would have been relieved at the hung to buy more time out of prison. It sounds like a pre sentence report will happen and they are really backed up on those so sentencing likely out a few months? I assume her mother will at least write something for Taylor to read in court on sentencing day. I question that mother's ability to raise a child based on some of her comments on the stand and the fact that she had the little girl standing there with a sign. Someone last night on LYK live show said they had heard that DB's family wanted some contact with Emerson including Eva. Going to be interesting. What a nightmare this wannabe ballerina created for everyone.

I maintain that she is evil. She cares not what a nightmare she creates for anybody. She is a narcissist---- I will always believe she murdered Doug in cold blood. Probably wanted to do that for quite a while and then she got her opportunity

 

[Sustained]

When all is said and done I would not be surprised if she only ends up doing 7-10 years. She’ll be out early 40s still a full life ahead of her. She will play wrongly convicted poor little DV victim. She will remarry.

JMO

Agreed - she will likely end up at Lowell Correctional in Ocala - a ~2 hour drive from Bradenton so mom can bring her daughter up to see her on weekends. More important question is how she'll make out in a max security women's prison with some really nasty women.

 

[ch_13]

I find manslaughter to be a really difficult charge to predict what the sentence will be in every jurisdiction I can think of, or how long before parole becomes an option. Sometimes the sentence is decades, sometimes it's astonishingly low!

I'm also wondering (well ahead of time) if AB will be allowed to wear street clothes at her sentence hearing or if she'll have to wear prison scrubs and shackles in court?

JMO

Charlie Adelson was in prison clothes at his sentencing, so I assume the same will be true for AB.

Usually, street clothes are only worn if the jury is present. I guess the presumption is that the judge won't be biased by how the defendant is dressed.

 

[Weki]

I maintain that she is evil. She cares not what a nightmare she creates for anybody. She is a narcissist---- I will always believe she murdered Doug in cold blood. Probably wanted to do that for quite a while and then she got her opportunity

Quoting for emphasis. I don’t care one wit about her future. She deserved to be punished to the full extent of the law. She caught a break with a manslaughter conviction. No doubt about it in my mind. JMO

 

[I am not Sherlock H.]

So …there was a verdict. Sigh - I just made breakfast, settled in to check, and I discover the verdict was read already!

I’m glad she didn’t get off.

She’s certainly a weird one.
So cold and void of real emotions.

Yes, and so sad all the destruction left IMO in her wake. Many affected forever.

Others have also said here as well, but the behavior at verdict when read seemed a little unusual. Didn’t see any real reaction of emotion at all from the defendant upon sentence announced and conviction? In light of that, IMO hard not to conclude that the histrionics shown during her direct and cross testimony might have been for effect. MOO

 

[Kakidoll]

I find manslaughter to be a really difficult charge to predict what the sentence will be in every jurisdiction I can think of, or how long before parole becomes an option. Sometimes the sentence is decades, sometimes it's astonishingly low!

I'm also wondering (well ahead of time) if AB will be allowed to wear street clothes at her sentence hearing or if she'll have to wear prison scrubs and shackles in court?

JMO

I'm curious if her mom will bring daughter to speak. Her mother doesn't seem to mind putting her out there on the street with a sign. They held nothing back on their justice for website, waiting for them to update on how unfair this all is.

 

[Wishbone]

When all is said and done I would not be surprised if she only ends up doing 7-10 years. She’ll be out early 40s still a full life ahead of her. She will play wrongly convicted poor little DV victim. She will remarry.

JMO

Yes, but one consolation. She will not look like she does now. She will be FAT after having no choice but to eat prison food and buy junk food from the prison commissary. I know it's not much, but at least she won't be allowed to hunt for a new man for several years.

 

[turaj]

a reminder that some of the jurors had indicated to the Court that they had “time restraints” to be able to be there on Wednesday (today).

I think that is partly why they continued to so late, some of them couldn’t be there today. JMOO

I remember that and have mentioned it many times here..one juror had some issues this week and once you start deliberating you can't take a day off...it was no doubt today. Personally I find that situation troubling to get a verdict under that pressure. I thought that person should be an alternate...judge mentioned that attorneys took them knowing this. I don't think it is "partly why they continued so late". I think it is the reason. It might have even been the juror who changed? At the late hour I wanted judge to send them home but not the way it worked out. I suspect Taylor knew what was behind this late deliberation as did the judge. I guess there is nothing that can be done but this fact bothered me. They can adjust court times and days based on important appointments for jury but once deliberations start no way and they were right up to the wall on this one.