TX - Benjamin Elliott, 17, fatally stabbed Twin Sister while asleep, Katy, 28 Sept 2021

[arielilane]

Watch live: Sentencing for Benjamin Elliott set for today​

A jury found Benjamin Elliott guilty of murder on Monday.

 

[cujenn81]

Yes, I do think it's possible. I lived with a sleepwalker for a short time. Once he was napping on the couch, got up and walked over to the gas wall heater and peed on it. Apparently he thought he was in the bathroom. I was stunned as I had never seen a sleepwalker before. I hit him to get him to stop cuz I was afraid he was going to put the pilot light out! lol

So yes, I do think it's possible. It's really odd to watch someone sleepwalking.

*ETA - He didn't believe me, even though I had witnessed the whole thing. He thought I was lying. He apparently didn't remember doing it. Oddest darn thing I had ever seen. Also, the look on his face was strange as he walked from the couch over to the wall heater. At least he walked in the general direction of the bathroom, but missed by about 10'.

I have a friend who sleepwalks and watched him do the same thing once. Well, he walked into the living room and peed on a potted plant. Then he just turned around and went back to bed. The zombified look on his face was for sure the creepiest part.

 

[Megnut]

15 years

 

[Megnut]

That was quick. Defense asked for 5 years.

15.

I'm not sure how I feel.

JMO

 

[arielilane]

The judge decided to issue a 15 year sentence.


@KHOU

BREAKING: A judge has handed down the prison sentence a day after Benjamin Elliott was convicted of his twin sister's murder.
Benjamin Elliott sentenced to 15 years in prison for stabbing twin sister to death when they were 17

https://twitter.com/x/status/1894433896286077090

 

[Leilei]

Interesting that the jury asked the judge to go light on sentencing, which is not what the prosecutor was implying.
I think fifteen years is fair.
Like his honor said, nobody wins here.
IMO.

 

[Ssschu]

IMO, guilty is the right call. He was on his phone shortly before he went and found a knife and brutally killed his sister.

I don't buy the sleepwalking defense but let's just say he was sleep walking. Doesn't it make him a huge danger to the public that he is capable of doing something this heinous while sleeping?? I'm sorry but comparisons to people peeing on a plant while sleep walking is vastly different from someone who has a subconscious capable of committing a brutal murder. HUGE difference. There are many people who sleep walk who aren't capable of doing this. Either way, there is something seriously wrong with him psychologically and he shouldn't be free to walk the streets and endanger others.

I can't imagine waking up to killing my twin while supposedly sleep walking and then thinking I deserve to be free either way. Where is the remorse??

 

[imstilla.grandma]

 

[arielilane]

On Tuesday, Judge Danilo Lacayo determined Elliot's punishment to be 15 years in prison, despite the state asking for at least 40. The 21-year-old will be eligible for parole after serving seven and a half years, ABC13 reported.

'We are very happy with the sentence. We think it reflects what the judge thought was a weakness in the State's case,' Wes Rucker, Elliot's defense attorney, told ABC13. 'We are pleased.'

Man learns fate for killing twin sister while 'sleepwalking'

Benjamin Elliot, 21, has finally learned his fate more than three years after he claimed he was sleepwalking when he fatally stabbed his twin sister in the neck as she slept inside a Texas home.

www.dailymail.co.uk

-- At the time, 17-year-old BE charged w/first-degree murder, had been out on a $100,000 bond.

-- Both of BE's parents testified in his favor.


-- Prosecutor argued that data from BE's phone showed that he was using smartphone not long before stabbing his sister, Meghan Elliott.

-- In addition, prosecutor noted that after BE had attacked his sister, his phone was kept locked for at least 20 minutes before calling the police, KHOU 11 reported.

-- Prosecutors argued that the evidence did not support claims of sleep walking -- as BE was awake and on his phone before killing his sister.

-- Prosecutors argued that his smartphone logged his steps to and from his sister's bedroom; and he was awake enough to turn off his school alarm; and to call 911 after the stabbing.


-- It's also noted, prosecutors belief that BE used a pillow as a way to muffle ME's screams during the unexpected attack, ABC13 reported.


-- A forensic psychologist who previously assessed w/BE also served as a witness.

-- 'At the time of my interview, he was reporting some current mental health issues but he reported no mental health issues that were evident at the time of the alleged incident,' Dr. Wendy Elliott said. (no relation)

-- When BE's father took the stand, he stated that the weapon his son used in the attack was a "survival knife" that he had become 'enamored with.'

-- BE's older sister, addressed the court via Zoom, to recall an instance of BE sleepwalking from years prior.

-- BE's great-aunt also spoke about a family history of parasomnia.

-- Video footage from the courtroom showed BE w/a blank stare upon hearing his guilty verdict, his parents began to sob.

-- During sentencing, the judge addressed BE's lack of criminal history - adding that the 21-year-old had no issues while out on bond - as an important factor that went into the final decision.

 

[Via Marple]

On Tuesday, Judge Danilo Lacayo determined Elliot's punishment to be 15 years in prison, despite the state asking for at least 40. The 21-year-old will be eligible for parole after serving seven and a half years, ABC13 reported.

'We are very happy with the sentence. We think it reflects what the judge thought was a weakness in the State's case,' Wes Rucker, Elliot's defense attorney, told ABC13. 'We are pleased.'

Man learns fate for killing twin sister while 'sleepwalking'

Benjamin Elliot, 21, has finally learned his fate more than three years after he claimed he was sleepwalking when he fatally stabbed his twin sister in the neck as she slept inside a Texas home.

www.dailymail.co.uk

-- At the time, 17-year-old BE charged w/first-degree murder, had been out on a $100,000 bond.

-- Both of BE's parents testified in his favor.


-- Prosecutor argued that data from BE's phone showed that he was using smartphone not long before stabbing his sister, Meghan Elliott.

-- In addition, prosecutor noted that after BE had attacked his sister, his phone was kept locked for at least 20 minutes before calling the police, KHOU 11 reported.

-- Prosecutors argued that the evidence did not support claims of sleep walking -- as BE was awake and on his phone before killing his sister.

-- Prosecutors argued that his smartphone logged his steps to and from his sister's bedroom; and he was awake enough to turn off his school alarm; and to call 911 after the stabbing.


-- It's also noted, prosecutors belief that BE used a pillow as a way to muffle ME's screams during the unexpected attack, ABC13 reported.


-- A forensic psychologist who previously assessed w/BE also served as a witness.

-- 'At the time of my interview, he was reporting some current mental health issues but he reported no mental health issues that were evident at the time of the alleged incident,' Dr. Wendy Elliott said. (no relation)

-- When BE's father took the stand, he stated that the weapon his son used in the attack was a "survival knife" that he had become 'enamored with.'

-- BE's older sister, addressed the court via Zoom, to recall an instance of BE sleepwalking from years prior.

-- BE's great-aunt also spoke about a family history of parasomnia.

-- Video footage from the courtroom showed BE w/a blank stare upon hearing his guilty verdict, his parents began to sob.

-- During sentencing, the judge addressed BE's lack of criminal history - adding that the 21-year-old had no issues while out on bond - as an important factor that went into the final decision.

the 21-year-old had no issues while out on bond - also meaning that he didn't sleepwalk again afterwards? What that means is arguable.

 

[Leilei]

the 21-year-old had no issues while out on bond - also meaning that he didn't sleepwalk again afterwards? What that means is arguable.

I watched the sentencing, and the judge was referring to staying out of trouble.
IMO.

 

[sunspun]

Did they give any details about what he did on his phone just before the attack?

 

[Via Marple]

I watched the sentencing, and the judge was referring to staying out of trouble.
IMO.

Thanks. But sleepwalking is not the kind of trouble that he has control over, bail or no bail, according to his line of defence. MOO

 

[Leilei]

Thanks. But sleepwalking is not the kind of trouble that he has control over, bail or no bail, according to his line of defence. MOO

I think His Honor meant legal trouble. That was how I perceived it considering what he was talking about at that point.
Did his parents say anything about him being treated for his sleepwalking? I can't recall.
IMO.

 

[Tricia]

TONIGHT IS THE NIGHT. COLD CASE INVESTIGATOR PAUL HOLES ANSWERS YOUR QUESTIONS AT 8:00 PM EASTERN FOR WEBSLEUTHS ASK ME ANYTHING.
If you want to ask Paul a question, post it on THIS THREAD.
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We'll be giving away a couple of copies of Paul's book. The way to enter is to post your question.
See you tonight at 8 PM Eastern on Websleuths first ever Ask Me Anything

 

[imstilla.grandma]

Sleepwalking husband's wild explanation for brutal murder of his wife

Scott Falater murdered his wife in 1997 and has been serving a life sentence ever since - but hasn't been able to recall how he killed her

www.dailyrecord.co.uk

 

[squareandrabbet]

Apparently this was a "48 Hours" segment on September 27th, though I've not yet seen it myself, just FYI.