GUILTY FL - Doug Benefield, 58, shot and killed by estranged wife, Manatee County, 27 Sept 2020 #2

[Wishbone]

And the defense continues to criticize the victim. Questioning the decisions of the court, LE, other professionals.

This is going in the same direction the entire trial went. Defaming DB and not allowing his voice to be heard. I'm just thankful the jury saw through AB's defense and found her guilty in spite of not allowing DB to be heard after his murder.

 

[Wishbone]

WHY IS THE DEFENSE BEING ALLOWED TO RETRY THE MURDER AT THE SENTENCING?

 

[bobbymkii]

WHY IS THE DEFENSE BEING ALLOWED TO RETRY THE MURDER AT THE SENTENCING?

This sounds a lot more like the opening statement for an appeal hearing than the closing statement of a sentencing hearing.

JMO

 

[MTW2011]

I didn’t realize how many people wrote letters to the Judge about how they believed Ashley acted in self defense. I saw some posted elsewhere today, some are interesting.

I also was reminded of the situation where a journalist apparently saw a juror at a lunch break and they believed they could’ve heard the news media (on TVs in the place) that was discussing the case. They brought it to the Judge’s attention afterwards. I don’t believe anything happened from that. JMOO.

 

[Wishbone]

I didn’t realize how many people wrote letters to the Judge about how they believed Ashley acted in self defense. I saw some posted elsewhere today, some are interesting.

I also was reminded of the situation where a journalist apparently saw a juror at a lunch break and they believed they could’ve heard the news media (on TVs in the place) that was discussing the case. They brought it to the Judge’s attention afterwards. I don’t believe anything happened from that. JMOO.

The defense has the option of filing an appeal if they have proof of such. This is not the place for that.

 

[Wishbone]

Now this attorney is saying his defense wasn't effective? Admitting he was incompetent?

 

[MTW2011]

The defense has the option of filing an appeal if they have proof of such. This is not the place for that.

Oh sure. I just found it interesting that the records seem to indicate the Judge brushed it off because the journalist had their attorney speak for them, and that they did not want to speak in “open court” about it for several reasons. JMOO

 

[Wishbone]

Oh sure. I just found it interesting that the records seem to indicate the Judge brushed it off because the journalist had their attorney speak for them, and that they did not want to speak in “open court” about it for several reasons. JMOO

Like I said, it's an appeal issue.

 

[arielilane]

Doesnt appear this has been reported on this thread that I noticed.
For the record, motion for a new trial was denied by Judge Whyte the day before Thanksgiving. Grateful.

 

[Wishbone]

20 years and 10 years probation with additional stipulations.

 

[nodamselindistress]

Like I said, it's an appeal issue.

Def an appeal issue. This is a travesty and I am appalled at this judge and the State of FL for allowing this charade to continue into sentencing.

 

[MTW2011]

Please delete I meant to include a quote in my reply. Thank you

 

[MTW2011]

Def an appeal issue. This is a travesty and I am appalled at this judge and the State of FL for allowing this charade to continue into sentencing.

I was actually quite shocked that he laid out SEVERAL elements of the downward departure criteria that he believe defense proved and then said “this is not a downward departure”.

What her 2nd attorney noted as an objection for “abuse of discretion” actually seems to fit. I’m not sure how it will fair on appellate review when the trial Judge admits the defense met several criteria for downward departure and then still said he chose *not* to do that.

And for the record, I am not saying she shouldn’t serve any time. JMOO.

 

[Wishbone]

I was actually quite shocked that he laid out SEVERAL elements of the downward departure criteria that he believe defense proved and then said “this is not a downward departure”.

What her 2nd attorney noted as an objection for “abuse of discretion” actually seems to fit. I’m not sure how it will fair on appellate review when the trial Judge admits the defense met several criteria for downward departure and then still said he chose *not* to do that.

And for the record, I am not saying she shouldn’t serve any time. JMOO.

She got off with a light sentence. JMOO

 

[Wishbone]

BRADENTON, Fla. — BREAKING: Ashley Benefield was sentenced to 20 years in prison, with credit for time served, followed by 10 years probation after she was found guilty of manslaughter.

'Black Swan murder' trial: Ashley Benefield sentenced in killing of estranged husband

Benefield was found guilty of manslaughter of her husband back in July.

www.wtsp.com

 

[arielilane]

AB must serve 17.5 years in prison before she is eligible for release.
Of course, unless her case is overturned on appeal.

 

[Sustained]

She got off with a light sentence. JMOO

Zero remorse - no statement to the family ... IMO, she should've been charged with 1st degree murder as she had no intention of moving with DB to Maryland, had an escape plan set up, and multiple loaded guns around her mother's house. Toss in that her mother just happened to go to the park with her daughter when the murder happened.

 

[Wishbone]

Zero remorse - no statement to the family ... IMO, she should've been charged with 1st degree murder as she had no intention of moving with DB to Maryland, had an escape plan set up, and multiple loaded guns around her mother's house. Toss in that her mother just happened to go to the park with her daughter when the murder happened.

Yes. She invited him there and with help made sure there were no witnesses.JMOO

 

[nodamselindistress]

Absolutely, AB totally set this up and DB had no clue.

 

[Tortoise]

I'm a bit rusty now but wasn't there evidence that he wasn't facing her when she shot him?

I am incensed with what was said by the judge today about Doug being the aggressor, the liar's perceptions, and remorse. And applying capital case rules to victim impact statements. Why?? Surely that would only be for a jury's benefit in that case.

At least he didn't agree to the downward departure but it sure looks like he left the door open on appeal by ticking all those boxes.

Not happy.

JMO