Former ballerina appeals for 'Stand Your Ground' immunity after judge denies motion
A petition has been filed asking the Second District Court of Appeals to take another look at a former ballerina's 'Stand Your Ground' immunity claim after a trial judge dismissed the motion in September.
An attorney for Ashley Benefield, 31, who was arrested and charged with murder in the second degree with a firearm in November 2020, filed the petition in October stating the Stand Your Ground immunity statute "was enacted for cases like this."
The petition asks the court to find that Ashley Benefield is either entitled to immunity from prosecution or quash the trial court's order related to the immunity claim.
Ashley Benefield was arrested a little over a month after investigators responded to a call from a neighbor who said Ashley Benefield had told him she'd been attacked by her husband, Doug Benefield, and that she had shot him, according to an affidavit.
Previous reporting: Former ballerina's 'Stand Your Ground' hearing concludes: Wait begins for judge's decision
Day 1 of hearing: Former ballerina accused of killing estranged husband in court for Stand Your Ground
During a hearing in July, assistant state attorneys Suzanne O'Donnell and Rebecca Freel, and Ashley Benefield's defense attorney, Neil Taylor, argued whether or not Ashley Benefield's actions the night she fired a gun at Doug Benefield were self-defense.
Ashley Benefield filed a motion to dismiss the case and requested immunity, claiming she fired the gun because she feared for her life. The motion placed the burden on the assistant state attorneys to prove through clear and convincing evidence that Ashley Benefield did not act in self-defense.
Manatee Circuit Court Judge Matthew Whyte found the state met its burden of establishing that Ashley Benefield wasn't entitled to immunity, despite prosecutors failing "to present any evidence disproving the assertions set forth by Ms. Benefield."
Following the immunity hearing, Whyte denied the motion stating in his order that considering the totality of the evidence presented at the hearing, the state proved Doug Benefield's homicide wasn't a "singular act of necessary self-defense but was instead the culmination of a lengthy, concerted effort" by Ashley Benefield.
In the petition to the higher court, Ashley Benefield's attorney argues the prosecutors failed to meet their burden of proof. Instead, the petition argues the prosecution's evidence supported Ashley Benefield's claims and corroborated her case of self-defense.
The petition also states Ashley Benefield's motion and supporting attachments demonstrated a pattern of violent behavior from Doug Benefield and that Ashley Benefield's past experiences of witnessing those behaviors firsthand led her to have a legitimate fear that Doug Benefield might cause her great harm the night of the shooting.
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The petition lists the examples of the previous violent outbursts, all of which had been brought forth previously during the hearing in the summer and in motions filed by Ashley Benefield including Doug Benefield shooting a gun at a ceiling to get Ashley Benefield to stop talking, throwing a loaded gun at her and punching a hole in a wall in their bedroom.
It gives further insight into details of what Ashley Benefield said transpired the night she shot her husband, including that at some point, Doug Benefield had told her it was time she "began acting like a wife" and that he threatened to put her in the POD to ship to Maryland.
Ashley Benefield's attorney claims the trial court erred in disregarding the motion Ashley Benefield submitted.
Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on Twitter.