Former ballerina accused of killing estranged husband in court for Stand Your Ground

Gabriela Szymanowska, Sarasota Herald-Tribune
Updated ·3 min read

A former ballerina accused of killing her estranged husband was in court Thursday arguing to have her case dismissed under Florida's Stand Your Ground law, claiming she fired the gun in self-defense.

Five months after filing the motion, Ashley Benefield, 31, sat with her attorney Neil Taylor in a Manatee County courtroom, her body unmoving as she faced the judge, with her straight, dark brown hair keeping her face hidden.

Since the defense claims the shooting was in self-defense, it falls on assistant state attorneys Suzanne O'Donnell and Rebecca Freel to make a case before the judge proving beyond a reasonable doubt that Benefield did not act in self-defense.

It is likely Manatee County Circuit Judge Stephen Whyte will make a decision following the hearing's conclusion Friday. Regardless of the outcome, both the defense and prosecution have indicated they will appeal.

Previously: Manatee County woman accused of killing her husband

Florida's 'stand your ground' law: Here are five questions (and answers) to explain

Florida's Stand Your Ground Law allows a person to use or threaten to use deadly force against another person if they reasonably believe they need to protect themselves against immediate threat and they don't have a "duty to retreat."

Benefield was arrested and charged with second-degree murder with a firearm in November 2020 following an investigation into the shooting death of 58-year-old Doug Benefield, Ashley Benefield's estranged husband and father of their young daughter.

The 105-page motion to dismiss outlines what happened the evening of the shooting from her perspective and, according to the defense, how the couple's tumultuous relationship led to that moment.

Defense attorney Neil Taylor, left, and Assistant State Attorney Suzanne O'Donnell confer about evidence to be presented during a hearing Thursday. Ashley Benefield is accused of killing her estranged husband, Doug Benefield, and is attempting to have the case dismissed under Florida's Stand Your Ground law. The hearing on the justifiable use of force immunity defense began Thursday, July 6, 2023, at the Manatee County Judicial Center in Bradenton, Florida and is expected to last two days. (Credit: Mike Lang, Sarasota Herald-Tribune)

On the day of the shooting, Doug Benefield came to the home in Bradenton with a U-Haul truck to pack up items for moving, according to previous Herald-Tribune reporting. Ashley Benefield, her mother, and the couple's young daughter were moving to Maryland, along with Doug Benefield who would be living separately, according to court documents.

As the two were packing, frustrations mounted and escalated into an argument. The defense claimed Ashley Benefield grabbed a firearm and pointed the weapon at Doug Benefield, who followed her into her bedroom, firing it only after he advanced on her.

Previous reporting on the investigation stated witnesses heard about six gunshots, and saw Ashley Benefield run out of the house and to a neighbor's home with the gun still in her hand, shouting and crying for help.

Defense looks to impeach lead detective

Manatee County Sheriff's Office Detective Justin Warren testifies about photographs taken to document possible injuries to defendant Ashley Benefield. Benefield is accused of killing her estranged husband, Doug Benefield, and is attempting to have the case dismissed under Florida's Stand Your Ground law. The hearing on the justifiable use of force immunity defense began Thursday, July 6, 2023, at the Manatee County Judicial Center in Bradenton, Florida and is expected to last two days. (Credit: Mike Lang, Sarasota Herald-Tribune)

From the stand, the lead Manatee County Sheriff's Office investigator on the case, Detective Justin Warren, went over parts of the initial investigation, discussing how he hadn't observed any injuries on Ashley Benefield when he first met her with her attorneys following the shooting and read texts that Ashley and Doug Benefield exchanged in the days leading up to the incident which appeared friendly.

Ashley Benefield's attorney Neil Taylor introduced emails between O'Donnell and Warren sent two days before the arrest warrant was signed by a judge, pointing out how the wording had been changed. In the first draft of an affidavit to O'Donnell, Warren had included the name of a witness who had told the detective that Doug Benefield had scraped Ashley Benefield with a box the day before.

In the affidavit provided to the judge to sign for the arrest warrant, the witness's name was left out, as was Doug Benefield's, and now it appeared Ashley Benefield was "inadvertently scratched."

Judge Matt Whyte questions attorneys about the evidence they are trying to present. Ashley Benefield is accused of killing her estranged husband, Doug Benefield, and is attempting to have the case dismissed under Florida's Stand Your Ground law. The hearing on the justifiable use of force immunity defense began Thursday, July 6, 2023, at the Manatee County Judicial Center in Bradenton, Florida and is expected to last two days. (Credit: Mike Lang, Sarasota Herald-Tribune)

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.

This article originally appeared on Sarasota Herald-Tribune: Stand Your Ground: Former ballerina claims self-defense in murder case