Latest / Crime Stories with Nancy Grace / "BLACK SWAN" BALLERINA CLAIMS OF SELF-DEFENSE FAIL
Transcript
- 0:00Speaker 1: Crime Stories with Nancy Grace, the so called Black Swan ballerina.
- 0:10Speaker 1: She's her hobby dead claiming self defense. I'm Nancy Grace.
- 0:15Speaker 1: This is Crime Stories. Thank you for being with us. Listen,
- 0:19Speaker 1: Tana County nine on one one.
- 0:20Speaker 2: Is the address of your emergency?
- 0:23Speaker 3: All right?
- 0:23Speaker 2: My address is White Rock Terrorist.
- 0:26Speaker 4: Okay, can you dress for me to make sure I
- 0:28Speaker 4: have it?
- 0:28Speaker 2: Fridley the house next to Honey, what's your address? Okay,
- 0:34Speaker 2: Lrich right next door to me. She just came over
- 0:37Speaker 2: her strength husband attacked her and she says she shot him.
- 0:42Speaker 2: Now we've not gone over there yet, doctor.
- 0:45Speaker 1: Okay, what is his name?
- 0:50Speaker 5: Heard?
- 0:51Speaker 2: His name is Doug ft Afield?
- 0:55Speaker 1: What happened? Having worked at the Battered Women's Center for
- 0:59Speaker 1: nearly ten years while I was a prosecuted I'm always
- 1:03Speaker 1: suspicious when I hear people say she claimed self defense?
- 1:09Speaker 1: Is there some issue?
- 1:11Speaker 6: In the last days, the former mallerina was convicted of
- 1:15Speaker 6: manslaughter just hours after a jury began considering whether or
- 1:19Speaker 6: not the shooting was self defense. Benefield had been charged
- 1:23Speaker 6: with second degree murder, but she was convicted of the
- 1:27Speaker 6: lesser crime of manslaughter.
- 1:29Speaker 1: How did the whole thing start? Let's Listen to more
- 1:33Speaker 1: of that nine to one one call.
- 1:34Speaker 2: I had not gone over to the home.
- 1:36Speaker 1: Okay, I don't that.
- 1:37Speaker 3: I don't want you to go over there.
- 1:39Speaker 2: Say I'm alining. One moment, I'm gonna expect you over
- 1:41Speaker 2: the sheriff's dispatch. Hoky, okay, okay, one moment, Cornbell, cormbl
- 1:49Speaker 2: what is your name? Sir Nin' John stamped and two
- 1:53Speaker 2: I lived next summer. That's gonna recorded line. This is Gabby.
- 1:56Speaker 7: How can I help you?
- 1:56Speaker 1: Okay, gebby.
- 1:57Speaker 3: It's carrying on a one, one, three, two seven I
- 2:00Speaker 3: John Singer on the phone.
- 2:01Speaker 2: He's saying the neighbor came over, a female neighbor. It
- 2:04Speaker 2: was at the mastics.
- 2:05Speaker 1: She shot her husband, So where's the gun? Listen?
- 2:10Speaker 8: She came in.
- 2:11Speaker 2: She was quite a sirical. I didn't know who was
- 2:13Speaker 2: then in our door.
- 2:13Speaker 1: Said that he had packed her.
- 2:15Speaker 2: And she shot him.
- 2:18Speaker 1: Okay, I'm just getting that all the straight.
- 2:20Speaker 2: Okay, okay, honey, oil go ahead, ma'am. Where's the gun?
- 2:28Speaker 7: Is it with her?
- 2:29Speaker 5: Or is it?
- 2:30Speaker 2: I have it right here. Madam's sitting on the floor
- 2:32Speaker 2: inside the door. My door's locked in case she isn't.
- 2:36Speaker 2: He can't get off. I'm also armed if she was
- 2:38Speaker 2: more and high a harm hope, So so everybody knows straight out.
- 2:42Speaker 1: To Sophia Vitello joining US investigative reporter WWSB, joining us
- 2:47Speaker 1: out of Sarasota in this jurisdiction, Sophia, thank you for
- 2:50Speaker 1: being with us. Start at the beginning, what happened.
- 2:53Speaker 7: Very beginning of it all. I just want to start
- 2:55Speaker 7: with the two met in twenty sixteen out of dinner, okay,
- 2:58Speaker 7: at a Republican dinner. She was twenty four, he was
- 3:02Speaker 7: fifty four. So that's already a first red flag right there.
- 3:06Speaker 7: They fall in love and in just thirteen.
- 3:09Speaker 1: Days, Sophia Vittello, WWSB, you got me drinking from the
- 3:12Speaker 1: fire hydrant here too much, too fast? Okay, hold on, well, okay,
- 3:16Speaker 1: first of all, you said the age difference is a
- 3:19Speaker 1: red flag. Tell me the age difference again.
- 3:22Speaker 7: Twenty four, Ashley fifty four, Doug Okay.
- 3:27Speaker 1: Okay, probably not a red flag for him, did I
- 3:31Speaker 1: hear correctly? In thirteen days they're married. I don't mean
- 3:36Speaker 1: just like they have their first sleepover. I mean they're married,
- 3:40Speaker 1: they've done the deed.
- 3:41Speaker 7: Yes, no engagement. I mean we don't even know if
- 3:44Speaker 7: they were fully calling each other girlfriend and boyfriend. They
- 3:46Speaker 7: had the ring and got married thirteen days after meeting.
- 3:49Speaker 7: Thirteen days.
- 3:50Speaker 1: Let me ask you another quick question, Saphia Vittello. Is
- 3:53Speaker 1: he rich?
- 3:54Speaker 7: I do believe he's well off, Let's just say that.
- 3:57Speaker 7: And I do know that Ashley was struggling with a
- 3:59Speaker 7: career in modeling that was not working out for her,
- 4:02Speaker 7: so that can also be noted in the beginning of
- 4:04Speaker 7: this relationship.
- 4:04Speaker 1: Okay, right, she was to start her own ballet company.
- 4:08Speaker 1: That's not cheap, and then suddenly, poof, presto, here comes
- 4:13Speaker 1: money bags. Okay, guys, when I start a murder case,
- 4:17Speaker 1: if at all possible, I like to play the nine
- 4:20Speaker 1: to one one call in the opening statement. Brian Foley
- 4:25Speaker 1: is with me. Board certified criminal defense attorney, former Chief
- 4:28Speaker 1: Prosecutor Harris County, and author of What Prosecutors Don't Tell You.
- 4:33Speaker 1: I don't know about that, but Brian Foley, in order
- 4:36Speaker 1: to play a nine one one call in an opening statement,
- 4:39Speaker 1: you must first offer a profit and get it admitted
- 4:42Speaker 1: into evidence before you play it for a jury. But
- 4:45Speaker 1: do you agree or disagree that only a nine one
- 4:48Speaker 1: one call can take you back to the moment of
- 4:50Speaker 1: the incident, unlike any witness can. Yeah.
- 4:53Speaker 3: Absolutely.
- 4:53Speaker 9: When I was a prosecutor, we love playing nine one
- 4:56Speaker 9: one calls, you know, if it sounds good. We hear
- 5:00Speaker 9: a little bit at the beginning of that quirk that
- 5:02Speaker 9: happens in Ninember one calls where the operator is stopping
- 5:05Speaker 9: the drama and asking, well, what's the address? And that
- 5:07Speaker 9: always ruffled my feathers because you can get transported back.
- 5:12Speaker 9: You can hear her sobbing, you can hear the neighbor
- 5:16Speaker 9: saying they're there and consoling her. It really it helps
- 5:19Speaker 9: paint an audio picture for the jury. Sometimes I would
- 5:24Speaker 9: ask the jury to close their eyes while we played it,
- 5:26Speaker 9: and their mind would create the scene for me.
- 5:29Speaker 1: Wow, okay, so hey right there. Following up what Brian
- 5:33Speaker 1: Foley and guys, he's a veteran trial lawyer out of Houston,
- 5:36Speaker 1: Sophia Mattello. Was there any acting in her background?
- 5:41Speaker 7: You know, we can't prove that, but what I can
- 5:45Speaker 7: say is that watching the trial, you know, she's putting
- 5:51Speaker 7: a show. She's testified for four hours with the same
- 5:56Speaker 7: facial expression, hysterically crying for four hours, and you know,
- 6:03Speaker 7: I don't know if there's acting in her background. But
- 6:04Speaker 7: she's seeming like she had this practice. I mean, she
- 6:07Speaker 7: had this specific look that she presented to this jury.
- 6:10Speaker 1: Guys, let's listen to more than I will one call.
- 6:13Speaker 2: I'm kind of concerned with her mother and the little
- 6:15Speaker 2: girl and I get back there. Don't go after her,
- 6:20Speaker 2: hon Come on, I know, I know, I know, come on,
- 6:25Speaker 2: you know.
- 6:28Speaker 10: I know.
- 6:29Speaker 2: Yeah, all right, I just want you guys to stand.
- 6:38Speaker 6: The phone with me.
- 6:39Speaker 2: Okay, No, I'm right here with him. I'm just with her.
- 6:43Speaker 1: Okay. You hear the neighbor who is consoling. We're calling
- 6:48Speaker 1: her the ballerina. Her name is Ashley Benifield. She was
- 6:53Speaker 1: twenty eight at the time of the shooting. At the time,
- 6:56Speaker 1: her husband, then husband, Doug Benefield, was shot dead straight
- 7:02Speaker 1: back out to Sophia Vittello. Investigator reporter WWSB, tell me
- 7:07Speaker 1: about the location of the shooting, the specific location.
- 7:11Speaker 7: Okay, so this is right after you got to remember
- 7:14Speaker 7: Ashley had left South Carolina that was where they lived together.
- 7:17Speaker 7: She moved into this Bradenton home that was her mother's
- 7:21Speaker 7: house and what we would call here Lakewood Wrench pretty
- 7:24Speaker 7: nice area, I gotta say, nice house in a clean,
- 7:28Speaker 7: safe area. Okay, So she was in her mother's home,
- 7:31Speaker 7: Doug was there to help her move. That raises another question.
- 7:36Speaker 7: If you were in a relationship with domestic violence, why
- 7:39Speaker 7: did you invite the man who you say abused you
- 7:42Speaker 7: to help you move. So that's another situation we have
- 7:46Speaker 7: going on at her mother's house. That is the situation.
- 7:49Speaker 1: Okay, let me understand something. Joining me is doctor Chloe Carmichael,
- 7:53Speaker 1: clinical psychologist and author of Nervous Energy Harness The Power
- 7:58Speaker 1: of Your Anxiety. I'll try to do that right now,
- 8:00Speaker 1: doctor Chloe Carmichael, Because after ten years, nearly eleven years
- 8:06Speaker 1: in the pit, trying at felonies, violent felonies in inner
- 8:10Speaker 1: city Atlanta, and at night working at the Battered Women's Center,
- 8:14Speaker 1: I never once heard of one of those ladies once
- 8:18Speaker 1: they had finally made it out, which is a huge
- 8:21Speaker 1: hurdle in itself, getting out of the home, successfully leaving
- 8:26Speaker 1: the home, and establishing yourself in another domicile here with
- 8:30Speaker 1: her mother. I've never heard of one of the ladies
- 8:33Speaker 1: that I dealt with anyway over the course of nearly
- 8:36Speaker 1: ten years, inviting the perpetrator, the abuser. She's so afraid
- 8:42Speaker 1: of that she actually moves out back to help move
- 8:48Speaker 1: help me out.
- 8:49Speaker 11: Yes, as a clinical psychologist, Nancy, I actually have seen
- 8:52Speaker 11: that before, so that back and forth can certainly happen. Also,
- 8:56Speaker 11: as a clinical psychologist working in New York City for
- 8:59Speaker 11: a decade, I've also worked with New York City ballerinas
- 9:02Speaker 11: and I can tell you indeed they do have acting training.
- 9:06Speaker 11: They're quite skilled that portraying the dramatic arts. I do
- 9:10Speaker 11: also have a couple of questions for Sophia. I'm curious
- 9:15Speaker 11: with this very quick marriage and of course having a child,
- 9:18Speaker 11: as we're exploring, what is the financial background? Nancy, you
- 9:21Speaker 11: had asked about if this gentleman was wealthy. I'm curious
- 9:25Speaker 11: as well about if they had a prenuptial agreement.
- 9:28Speaker 7: What I do know is that Doug was very much
- 9:31Speaker 7: in love with Ashley. So what I can tell you
- 9:34Speaker 7: is that leading up to the day of the shooting,
- 9:36Speaker 7: he was trying with everything that he could, every fiber
- 9:38Speaker 7: and is being to be with her and make the
- 9:40Speaker 7: marriage work.
- 9:41Speaker 1: And plus you've got the child he has a child
- 9:45Speaker 1: with her. Crime stores with Nancy Grace, did this so
- 10:01Speaker 1: called black Swan ballerina murder her wealthy husband or was
- 10:08Speaker 1: it self defense of WorldWind Romance. These two actually marry
- 10:15Speaker 1: thirteen days after meeting at some political fundraiser. They're married,
- 10:20Speaker 1: the deed is done. As a matter of fact, he
- 10:24Speaker 1: has a vasectomy reversed ouch so he and she can
- 10:32Speaker 1: have a baby, and they do have a baby girl.
- 10:36Speaker 1: But what about all the forensics joining me right now?
- 10:40Speaker 1: Renowned death investigator Joseph Scott Morgan, Professor forensis Jacksonville State University,
- 10:45Speaker 1: author of Blood Beneath My Feet on Amazon and starving
- 10:49Speaker 1: hit series Body Bags with Joseph Scott Morgan, Joe Scott,
- 10:53Speaker 1: This issue comes up over and over and over self
- 10:57Speaker 1: defense or murder. What have you learned by studying the case.
- 11:02Speaker 4: It's fascinating to me, Nancy, that they're talking about self
- 11:06Speaker 4: defense here when you have the police stating that he
- 11:09Speaker 4: was shot in the back, and out of all the
- 11:12Speaker 4: homesides that I've worked relatives to, particularly firearms, it almost
- 11:18Speaker 4: like it's like threat level reduces at that point in time.
- 11:22Speaker 4: So you wait until the individual turns away from you
- 11:26Speaker 4: if they are in fact an aggressor, and then you're
- 11:30Speaker 4: going to place six fire shots or three fire shots
- 11:34Speaker 4: into his back. Don't that doesn't marry up with this
- 11:39Speaker 4: idea of the individual being an aggressor at that moment
- 11:43Speaker 4: in time, at that acute moment, it's almost like they're
- 11:46Speaker 4: in retreat at that moment in time.
- 11:49Speaker 1: If this had happened, We've got a gunshot when I'm
- 11:51Speaker 1: looking at the autopsy right now, and can I tell
- 11:55Speaker 1: you Jo just gott as if you don't know, and
- 11:57Speaker 1: I know you know, Brian fully Chris Byers also joining us,
- 12:01Speaker 1: former police chief in Johns Creek. You guys know how
- 12:05Speaker 1: critical the autopsy is. Okay, if you look at it
- 12:10Speaker 1: line by line, you learn everything there is to know
- 12:14Speaker 1: about what you're going to try to prove or what
- 12:16Speaker 1: you're not going to try to prove at trial. We've
- 12:18Speaker 1: got a gunshot wound to the chest and gunshot wound
- 12:22Speaker 1: to the right leg. How did that happen? Blunt impact
- 12:28Speaker 1: of head? Now wait a minute, Wait a minute, blunt
- 12:32Speaker 1: impact of head, continuous abrasion and soft tissue scalp contusion.
- 12:39Speaker 1: So was he hitting the head and shot multiple times?
- 12:44Speaker 1: Just got help me out here. With the gunshot wound
- 12:46Speaker 1: to the chest, it says perforation of right lateral chest
- 12:52Speaker 1: wall with confluent chest tube incision. What does that mean, Well.
- 12:57Speaker 4: What that means is that his longest obvious been clipped
- 13:01Speaker 4: in this round with this round, and so his chest,
- 13:05Speaker 4: the chest is actually filling with blood. So if there
- 13:09Speaker 4: is an attempt to, you know, depressurize that area where
- 13:14Speaker 4: you have blood that's kind of surrounding the lung and treatment,
- 13:17Speaker 4: you'd have to drop a line in there because it's
- 13:19Speaker 4: the pressure that's building up as a result of the
- 13:23Speaker 4: blood contained in the chest cavity is inhibiting his ability
- 13:27Speaker 4: to breed. And this is something that happens all the time.
- 13:30Speaker 12: Let me just.
- 13:30Speaker 1: Break it down. I know it's hard for you not
- 13:33Speaker 1: to talk like a medical professional, but are you saying
- 13:38Speaker 1: his lung was clipped? You kept me to that moment,
- 13:42Speaker 1: but then I think you're saying that his lung started
- 13:45Speaker 1: filling it with blood or his chest cavity started filling
- 13:47Speaker 1: out with blood and he couldn't breathe, so they inserted
- 13:50Speaker 1: a toe to try to save him. Is that what
- 13:52Speaker 1: you're saying.
- 13:53Speaker 4: Yeah, And one more thing that's really frustrating forensics sometimes
- 13:56Speaker 4: when we're trying to examine these insults like this, they
- 14:01Speaker 4: will actually use and it's no fault of their own.
- 14:03Speaker 4: They have to do what they have to do. But
- 14:05Speaker 4: the people that are saving the life will actually use
- 14:08Speaker 4: the gunshot wound itself as the place where they're going
- 14:11Speaker 4: to put a tube in because there's no need in
- 14:14Speaker 4: going in and creating another defect in the body where
- 14:17Speaker 4: you can simply use this.
- 14:19Speaker 1: Which totally ruins your trajectory investigation.
- 14:23Speaker 3: Yeah it can, it can. Yeah.
- 14:25Speaker 1: Yeah. We also got perforation of right fifth and left
- 14:29Speaker 1: tenth ribs and T ten vertebra in a nutshell. Dummy
- 14:35Speaker 1: down for me, Joe Scott, dummy down? What does that mean?
- 14:38Speaker 4: Well, T ten that's you're talking about the thoracic vertebra
- 14:43Speaker 4: at that point in time. And also this is I'm
- 14:47Speaker 4: unclear if they have clipped along or clipped a rib
- 14:52Speaker 4: and it doesn't really give you directionality. One more thing here,
- 14:55Speaker 4: they're saying chest. Most people don't understand we have an
- 14:59Speaker 4: anterior chest and we have a post here your chest.
- 15:02Speaker 4: So you hear the term chest and automatically from the
- 15:07Speaker 4: front and back, and if it's lateral, then this can
- 15:10Speaker 4: be the back that gives you an idea of orientation
- 15:13Speaker 4: and presentation of the target.
- 15:15Speaker 1: Stop plays ears, hurting, ears, bleeding now I'm just asking you,
- 15:20Speaker 1: t ten vertebra that there's the perforation that's your spine.
- 15:25Speaker 3: Correct, Yes, it is.
- 15:27Speaker 1: So if he's shot with spine, can he even move well?
- 15:30Speaker 4: It all depends on how compromised that vertebral body is. Now,
- 15:34Speaker 4: if it went into the area where the spinal cord
- 15:36Speaker 4: goes down, drops through the little hole that's in there,
- 15:40Speaker 4: the foremen as it's referred to, Yeah, that can be compromised,
- 15:43Speaker 4: and it can compromise your ability of mobility.
- 15:46Speaker 1: Got a small isolated blast laceration of a order, the
- 15:51Speaker 1: A order. What do you mean aren't there's several A
- 15:54Speaker 1: order in the body? So what is this A order singular?
- 15:58Speaker 4: It's the largest vessel in the body and it literally
- 16:01Speaker 4: runs if you front, we're talking about front right, the
- 16:04Speaker 4: front of the spine. Okay, the order runs down the
- 16:08Speaker 4: length of the spine until it bifurcates into our legs
- 16:11Speaker 4: where it becomes the femeral arteries.
- 16:13Speaker 3: And so yeah, you see this associated.
- 16:15Speaker 4: With spinal trauma many times where the order will actually
- 16:19Speaker 4: be clipped as well. That can lead to that space
- 16:22Speaker 4: around the lungs and even the abdominal cavity filling with
- 16:26Speaker 4: blood too. It becomes very complicated.
- 16:29Speaker 1: I'm just trying to get my head around the fact
- 16:31Speaker 1: that he's shot in T ten vertebra. That's your spine,
- 16:34Speaker 1: and I'm wondering if he couldn't even move that projectile
- 16:39Speaker 1: bullet is recovered. But now I've got a gunshot wound
- 16:42Speaker 1: to the right leg. Sophia Matello, how many times is
- 16:47Speaker 1: the victim of shock?
- 16:49Speaker 7: Three times? Three times?
- 16:51Speaker 1: Okay? And we've got perforations of lungs. Gunshot wound to chest.
- 16:57Speaker 1: That's the cod cause of death, separate gunshot wounds. I'm
- 17:03Speaker 1: trying to make sense of what we know right now,
- 17:06Speaker 1: but I want you to hear what a judge, Circuit
- 17:11Speaker 1: Court Judge Diana Morland said. From our friends at Inside.
- 17:17Speaker 10: Edition, We'll see that this was a custody battle that
- 17:22Speaker 10: this mother was going to win at all costs, and
- 17:25Speaker 10: the cost was the life of Doug Benefield.
- 17:29Speaker 3: I thought he was going to kill me.
- 17:31Speaker 5: Black Swan ballerina Ashley Benefield testifies in her husband's murder trial.
- 17:38Speaker 1: So Joskott Morgan, professor FORENSAC Jacksonville State University death investigator
- 17:44Speaker 1: with over one thousand deaths investigated by him, says that
- 17:53Speaker 1: the victim was shot in the back. Our investigative reporter
- 17:58Speaker 1: joining us today from w WSBABC seven and Sarasota says
- 18:03Speaker 1: there were three gunshot wounds. Okay, I think the word
- 18:09Speaker 1: overkill may come into play right here, but having worked
- 18:13Speaker 1: at the batter Women's Center for so many years, I
- 18:16Speaker 1: do not want to dissuade the consideration that she may
- 18:22Speaker 1: have been a battered woman. Let's look at the relationship.
- 18:26Speaker 1: Let's move away from the forensics, the gunshot residue, the
- 18:30Speaker 1: trajectory path of the bullets. What do we know about
- 18:34Speaker 1: them as a couple.
- 18:36Speaker 5: Listen, still grieving the sudden loss of his wife, and
- 18:38Speaker 5: Doug Benifield is rubbing elbows with the rich and powerful
- 18:41Speaker 5: of a GOP fundraiser at the Florida home of doctor
- 18:44Speaker 5: Ben Carson when he's introduced to a former ballerina Ashley Byers,
- 18:48Speaker 5: as a swimsuit model, and she and Benifield are smitten
- 18:51Speaker 5: with each other and neither one seems to notice or
- 18:53Speaker 5: care about their thirty year age gap.
- 18:56Speaker 12: Ashley tells Doug she wants to have a ballet company
- 18:59Speaker 12: using dance of all sizes and genders. Doug wants to
- 19:03Speaker 12: make her dreams come true. Doug returns from a trip
- 19:06Speaker 12: in thirteen days after they meet Doug Benefield Mary's Ashley Buyers.
- 19:11Speaker 12: It is a shocking turn of events for a man
- 19:13Speaker 12: with a teen daughter, just nine years younger than his
- 19:17Speaker 12: new wife.
- 19:18Speaker 1: Okay, let me understand something, Sephia Vittello. Hold on, when
- 19:22Speaker 1: you said model, you didn't tell me she was a
- 19:24Speaker 1: swimsuit model.
- 19:25Speaker 7: I mean, she's a gorgeous girl. She's a gorgeous girl.
- 19:28Speaker 7: But what I do know is, you know, swimsuit model.
- 19:31Speaker 7: We got to use it lightly. Her career was not
- 19:34Speaker 7: blowing up. You know. I'm not to say that she
- 19:37Speaker 7: was in a position seeking money. We don't know that specifically,
- 19:40Speaker 7: but we do know that Doug was vulnerable. In that video,
- 19:42Speaker 7: it says sudden dealing with a sudden loss of his wife. Guys,
- 19:45Speaker 7: it was less than a year. It was less than
- 19:47Speaker 7: a year. His wife had just died.
- 19:49Speaker 1: Yes, And isn't it correct, Sefia Vittello that his daughter
- 19:55Speaker 1: by his first wife came home and found mommy dead
- 19:59Speaker 1: on the floor from heart ailment. Yes, so this guy
- 20:02Speaker 1: is reeling m hm.
- 20:04Speaker 7: Yes, he's reeling it, and so's his daughter. And Eva
- 20:07Speaker 7: says that she had talked to her dad and he said, oh,
- 20:10Speaker 7: I'm not I'm not going to get into anything. You know,
- 20:13Speaker 7: I'm I'm not going to get into anything fast. And
- 20:16Speaker 7: next thing you know, Eva says her dad was married
- 20:19Speaker 7: and it really shocked her. That's another thing shocked her.
- 20:22Speaker 1: Okay, very quickly after the wedding, things turned sour lessen.
- 20:27Speaker 5: In the first days of their wedded bliss, Doug and
- 20:30Speaker 5: Ashley Benifield argue loudly. Doug's daughter Eva asks if one
- 20:34Speaker 5: of her friends can move in with them for a while.
- 20:36Speaker 5: And now Doug has two teen girls in the house
- 20:38Speaker 5: and a wife who not only wants to create a
- 20:40Speaker 5: ballet company that Doug says he will help finance, she
- 20:43Speaker 5: also wants a baby. Doug starts making calls about the
- 20:46Speaker 5: ballet and about having his vest sectomy reversed.
- 20:48Speaker 1: Okay, what do you have to do to having a
- 20:50Speaker 1: sex to may reverse show Scott Morgan.
- 20:52Speaker 4: In a nutshell, you have to go back in and
- 20:55Speaker 4: actually reattach the vest deference and so that they're functional
- 20:59Speaker 4: at that point, Tom.
- 21:00Speaker 1: The vast difference. I don't even know what you're saying, man,
- 21:03Speaker 1: What go back into what the penis it's anatomical. You
- 21:09Speaker 1: can say penis. Okay, so you know I'm not.
- 21:12Speaker 4: Talking about penis, Nancy, I'm not talking about penis.
- 21:20Speaker 1: I wouldn't have to ask.
- 21:21Speaker 3: Well, we'll talk about testicles.
- 21:23Speaker 4: How's that instead of penie, we're talking about attachment.
- 21:27Speaker 1: Scott, I don't care. I know that the peanut gallery
- 21:31Speaker 1: may yiggle. But you meet a man in thirteen days,
- 21:36Speaker 1: you're married, and you convince him to have surgery on
- 21:39Speaker 1: his testicles. Okay, that's love. So he has surgery on
- 21:46Speaker 1: his testicles. He has the best sect to me, it's
- 21:49Speaker 1: kind of a snip, snip in and out correct.
- 21:52Speaker 4: The best sectomy is yes, But now you're talking about
- 21:54Speaker 4: a reattachment to make it functional once again. And you know,
- 21:59Speaker 4: all I have to say is, if that's the case,
- 22:01Speaker 4: she must have been quite beguiling and bewitching because this
- 22:06Speaker 4: is a really quick decision to make.
- 22:08Speaker 1: So how difficult is it? And what does the man
- 22:11Speaker 1: have to undergo to have a vasectomy reversal? And again,
- 22:16Speaker 1: there's no giggling. This is real. The guys did he
- 22:21Speaker 1: shot three times? Once in the back. It's not holding
- 22:25Speaker 1: together from me, but into the thinking, the thinking of
- 22:30Speaker 1: these two I just want to know how difficult it
- 22:34Speaker 1: is and what a man must endure to have a
- 22:36Speaker 1: asectomy reversal.
- 22:38Speaker 3: It's not very difficult at all.
- 22:40Speaker 4: It's done all the time, literally, and it can be
- 22:45Speaker 4: done actually on an outpatient basis. Most guys would like
- 22:48Speaker 4: to remain in the hospital if they could. There is
- 22:50Speaker 4: pain associated with this, make no mistake about that. A
- 22:53Speaker 4: lot of post operatives, swelling and this sort of thing.
- 22:57Speaker 4: So yeah, it takes tom and it's a painful process
- 23:01Speaker 4: to go through, So obviously you felt like she was
- 23:03Speaker 4: worth it.
- 23:04Speaker 1: Joining me right now, private investigator, owner of Buyers Investigative Services.
- 23:09Speaker 1: But for my purposes, former police Chief John's Creek, twenty
- 23:16Speaker 1: five years in l E law enforcement, Chris Buyers, It'll
- 23:21Speaker 1: be a cold day, cold, frigid, cold day in hub
- 23:26Speaker 1: l that. I do not support a battered woman's right
- 23:32Speaker 1: to defend herself against her abuser.
- 23:36Speaker 7: Right, absolutely absolutely, But.
- 23:38Speaker 1: I cannot turn away from physical forensic evidence. Forensic evidence,
- 23:46Speaker 1: unless it's been tampered with, does not lie. Now what
- 23:51Speaker 1: do you.
- 23:52Speaker 8: Think absolutely in any of these cases, that's what you do.
- 23:55Speaker 8: You follow the evidence. I'm from what I'm hearing on
- 23:58Speaker 8: this as well. The three shots shot in the back.
- 24:01Speaker 8: It does not present as someone who was about to
- 24:04Speaker 8: receive imminent death or great bodily harm, which is what
- 24:08Speaker 8: you need for this self defense. So yes, with what
- 24:11Speaker 8: I'm hearing about the forensics of this yeah, that's a
- 24:15Speaker 8: far stretch to show self.
- 24:16Speaker 1: Defense crime stories with Nancy Grace to get to the
- 24:31Speaker 1: truth of this case. It's so called black Swan ballerina.
- 24:34Speaker 1: What do we know? Okay, we know that very quickly
- 24:39Speaker 1: after the meetup at a political fundraiser, the two get
- 24:44Speaker 1: married within thirteen days, and she announces not only does
- 24:48Speaker 1: she want her husband to fund a ballet company, which
- 24:51Speaker 1: is not a cheap endeavor, that things go south. Not
- 24:56Speaker 1: only does she want the ballet company, she also wants
- 24:59Speaker 1: her husband to reversive s sectomy so she can have
- 25:02Speaker 1: a baby, which he does. Everything's going sideways, including money woes. Listen.
- 25:09Speaker 5: Doug Benifield, trying to hold together the ballet company that
- 25:12Speaker 5: was his wife's dream, arrives to find that Ashley and
- 25:15Speaker 5: her mother drive from Florida to Charleston, pack up Ashley's
- 25:18Speaker 5: personal belongings and leave a note for Doug the marriage
- 25:21Speaker 5: is over, calling him possessive and controlling. In the note,
- 25:24Speaker 5: she says she is fearful for her life and the
- 25:26Speaker 5: safety of her unborn child.
- 25:28Speaker 1: Okay, so she moves in with the mom. Listen.
- 25:31Speaker 13: Ashley Bennifield moves in with her mother in Florida and
- 25:33Speaker 13: begins a process to prevent Doug Bennifield from being involved
- 25:36Speaker 13: in the life of his own child. Frustrated, Doug Minnifield
- 25:39Speaker 13: uses an attorney to reach out to Ashley Bennifield by email.
- 25:42Speaker 13: Ashley has not capped Doug informed of anything with regard
- 25:45Speaker 13: to her pregnancy, and one day after receiving the email
- 25:48Speaker 13: from Doug's lawyer, Ashley Bennifield has labor induced even though
- 25:52Speaker 13: she's weeks away from her due date. Ashley then refuses
- 25:55Speaker 13: to communicate with Doug. He isn't even aware his daughter
- 25:58Speaker 13: is born for six.
- 25:59Speaker 1: Weeks stars Okay, Sophia Vittella joining US investigative reporter WWSB.
- 26:05Speaker 1: So she kept the birth of the baby a secret
- 26:08Speaker 1: and did not tell the husband.
- 26:10Speaker 7: Yeah, and this is really the state's entire argument here
- 26:14Speaker 7: that Ashley decided she wanted to be a single mother
- 26:18Speaker 7: the second she got pregnant. That's their whole argument against her,
- 26:22Speaker 7: saying that it was self defense because there have been
- 26:25Speaker 7: all of these instances where she she got pregnant. She
- 26:29Speaker 7: immediately moved right and then she made sure that he
- 26:32Speaker 7: didn't even know that the baby was born until six
- 26:36Speaker 7: weeks after. So she wanted him to have nothing to
- 26:40Speaker 7: do with the child that they shared.
- 26:42Speaker 1: Now, I want you to hear what the so called
- 26:44Speaker 1: black Swan, by the way, she doesn't like that Moniker
- 26:47Speaker 1: has to say. Listen, Douglas Benifield was a violent abuser.
- 26:52Speaker 11: I said stop, and he turned and he got into
- 26:56Speaker 11: this like it like a fighting stance.
- 27:00Speaker 5: Kill me.
- 27:01Speaker 11: He started coming towards me and he lunged up Merlie
- 27:08Speaker 11: the trigger.
- 27:09Speaker 1: Okay, again from our friends at Inside Edition. But Joe
- 27:11Speaker 1: Scott Morgan, did you hear what she just said? This
- 27:14Speaker 1: is critical, Joe Scott. She said he lunged at her.
- 27:20Speaker 1: If he lunged at her, the bullet should be front
- 27:22Speaker 1: to back.
- 27:23Speaker 4: Yeah, what he lunged at her with his shoulder blade.
- 27:25Speaker 4: That doesn't make sense at all. The calculus doesn't work
- 27:29Speaker 4: out here. Lunging means that you're moving toward the individual.
- 27:33Speaker 2: Uh.
- 27:34Speaker 4: The indication is what we're hearing is that he was
- 27:36Speaker 4: shot post heially now We don't know the precise the
- 27:40Speaker 4: precise trajectories here.
- 27:42Speaker 3: But it just doesn't. It just doesn't, mesh.
- 27:45Speaker 4: And I got to tell you, Nancy, from a forensic standpoint,
- 27:48Speaker 4: this is one of the major benchmarks as to why
- 27:51Speaker 4: the police moved forward with this case.
- 27:53Speaker 1: What do you mean one of the benchmarks as to
- 27:55Speaker 1: why police move forward?
- 27:56Speaker 3: The science doesn't.
- 27:58Speaker 4: Yeah, the beauty of this is that the science doesn't lie.
- 28:01Speaker 4: She's actually saying that he lunged toward her and all
- 28:05Speaker 4: indications are is that these gunshot wounds, that this man
- 28:10Speaker 4: has sustained our posterior on his backside or at least lateral,
- 28:15Speaker 4: that it doesn't marry up with this so called fighter
- 28:18Speaker 4: stance whatever whatever the hell that means that he goes into.
- 28:23Speaker 4: According to her, the science doesn't marry up here. And
- 28:26Speaker 4: that's one of the big we use the term red
- 28:29Speaker 4: flag a moment ago for an investigator. That's a big
- 28:31Speaker 4: red flag when you've got when the police have spoken
- 28:35Speaker 4: with the EME, which I guarantee they did that day,
- 28:38Speaker 4: and try to marry this up with a statement that
- 28:40Speaker 4: she's giving. The two things just don't mesh.
- 28:43Speaker 1: Okay, I want to go back to Sophia Vittillo joining
- 28:45Speaker 1: US investigative reporter WWSB. Are we correct that at least
- 28:50Speaker 1: one of the shots.
- 28:51Speaker 7: Was back to front according to dozens of hours honestly
- 28:56Speaker 7: of testimony, everything that we have heard, he was facing
- 28:59Speaker 7: the other way right.
- 29:00Speaker 1: Are you saying he was shot in the back?
- 29:02Speaker 7: Very simply according to medical examiner's testimony, Yes, he was
- 29:06Speaker 7: shot in the back.
- 29:06Speaker 1: Okay, then what she's saying cannot be true. And you know,
- 29:12Speaker 1: let me understand. Brian Foley joining me, renowned criminal defense
- 29:16Speaker 1: attorney and author, Brian, It is possible that he is
- 29:22Speaker 1: shot in the back and was attacking her. He could
- 29:28Speaker 1: have attacked her and then turned to get a weapon.
- 29:31Speaker 1: He could have attacked her and tried to push off
- 29:33Speaker 1: a dog. There are many reasons he could have turned
- 29:36Speaker 1: his back and still be the aggressor. However, her story
- 29:43Speaker 1: is impossible based on the bullet path trajectory.
- 29:48Speaker 9: Yes, and when we listen to a defendant give a
- 29:52Speaker 9: statement about a very traumatic event, these things really happen
- 29:56Speaker 9: a lot faster than people think. You don't have time
- 29:59Speaker 9: to to react in between shots. You know, some people say, well,
- 30:03Speaker 9: why did you have to shoot him two more times
- 30:05Speaker 9: if he'd already been shot.
- 30:06Speaker 3: He's not.
- 30:07Speaker 9: You know, the other two bullets aren't self defense, even
- 30:10Speaker 9: if the.
- 30:10Speaker 3: First one was.
- 30:11Speaker 9: But these all happened way too fast for that to
- 30:14Speaker 9: be the case. And one thing I wanted to add
- 30:16Speaker 9: is the prosecution doesn't have to prove that she lied
- 30:20Speaker 9: about how it happened. You know, if the forensic evidence
- 30:23Speaker 9: shows that her statement isn't accurate, that doesn't mean that
- 30:26Speaker 9: she's not doing it in self defense. They have to
- 30:28Speaker 9: prove beyond a reasonable doubt that there's no other possibility
- 30:33Speaker 9: that it was in self defense. And Nancy, you hit
- 30:35Speaker 9: the nail on the head. They said she had to
- 30:37Speaker 9: run back.
- 30:38Speaker 1: That's not true. Nobody has to prove no possibility beyond
- 30:44Speaker 1: any doubt whatsoever, such as to a mathematical certainty, like
- 30:48Speaker 1: two and two plus is four. Two and two equals four.
- 30:50Speaker 1: Now that's not the legal standard. The legal standard is
- 30:53Speaker 1: beyond a reasonable doubt. She has raised the affirmative defense
- 30:58Speaker 1: of self defense, which may it's au firmative defense. I
- 31:01Speaker 1: did it, but I'm excused because self defense, because accident,
- 31:05Speaker 1: because insanity, different reasons. But the state only has to
- 31:10Speaker 1: pierce that beyond a reasonable doubt, not to a mathematical certainty,
- 31:15Speaker 1: and the fact that while an attacker can rarely be
- 31:20Speaker 1: shot in the back and still be the aggressor never happens,
- 31:25Speaker 1: it's possible her story does not coincide with the wounds.
- 31:32Speaker 1: That's what I'm saying, Brian Foley.
- 31:33Speaker 9: Well, her story does coincide a little bit there in
- 31:36Speaker 9: the fact that he has an abrasion on his head.
- 31:38Speaker 9: That would tend to show that there was a struggle,
- 31:40Speaker 9: maybe even an attack on her, and so that could
- 31:44Speaker 9: have happened before he was killed. You know, we don't
- 31:47Speaker 9: have the exact photos or anything like that.
- 31:49Speaker 1: Is okay, you know what, let's follow through with that,
- 31:51Speaker 1: Brian Foley. Did she say, Sophia Vtello, that there was
- 31:56Speaker 1: a physical struggle and then somehow she hit him in
- 31:59Speaker 1: the head.
- 32:00Speaker 7: She said that he was trying to strike her for
- 32:03Speaker 7: the first time and she fired. So it is believed
- 32:08Speaker 7: that he did not he did not reach her.
- 32:11Speaker 1: Jessica Morgan, what were you saying.
- 32:13Speaker 4: Yeah, one of the things that's very troubling to me, Nancy,
- 32:16Speaker 4: are these head injuries that he has sustained. Because they're
- 32:18Speaker 4: calling one of them a laceration. As you well know,
- 32:21Speaker 4: that's blunt force trauma. And one of the things that
- 32:23Speaker 4: we think about when someone holding a weapon. If we
- 32:27Speaker 4: have a dummy weapon here from JSU that we use
- 32:30Speaker 4: at Jack State to train our students with, you see
- 32:33Speaker 4: these very definitive edges.
- 32:35Speaker 3: Here right here.
- 32:36Speaker 4: And actually I've worked cases where weapons like this can
- 32:40Speaker 4: be used almost like a hammer. They're very blunted, and
- 32:44Speaker 4: that's where you I can't imagine her as quote unquote
- 32:49Speaker 4: athletic as she may have been, that she's going to
- 32:52Speaker 4: score a hit to his head that's going to generate
- 32:56Speaker 4: a laceration that's severe blunt force trauma. I wonder if
- 33:00Speaker 4: there are trace elements of his blood on this weapon,
- 33:03Speaker 4: and did they try to match this up with the
- 33:05Speaker 4: injury he sustained to his head, because how's she going
- 33:08Speaker 4: to get in close enough in order to generate that
- 33:11Speaker 4: kind of force with her bare hands. I think there's
- 33:14Speaker 4: a high probability that once he's down, she may have
- 33:16Speaker 4: struck him in the head.
- 33:17Speaker 1: In other words, simply put bare handed.
- 33:20Speaker 3: Maybe stomping on somebody, but not bare handed.
- 33:23Speaker 1: No, yeah, got it. One thing that's very disturbing. I
- 33:26Speaker 1: got a lot of eminence stating that this is not
- 33:30Speaker 1: self defense, but Sylvia Matello. Isn't it true that Evans
- 33:35Speaker 1: is coming in that he the victim, hit the dog
- 33:41Speaker 1: and the cat out of anger.
- 33:43Speaker 7: Yeah, so those are some things we have to look at,
- 33:46Speaker 7: and that is where the defense is pushing their entire argument.
- 33:51Speaker 7: We have his abuse. We don't know how many times
- 33:54Speaker 7: or what the situation specifically was towards the Pats. We
- 33:58Speaker 7: have a fists in the wall. We have a bullet
- 34:05Speaker 7: mark in the ceiling of their house. Okay, so we
- 34:09Speaker 7: see here that maybe there was some moments of anger
- 34:12Speaker 7: and we don't know exactly what happened, But that's where
- 34:15Speaker 7: the defense is using. Hey, Doug was violent. Look he
- 34:18Speaker 7: hit the dog, he punched the wall. Why couldn't it
- 34:21Speaker 7: have been Ashley Sophia.
- 34:22Speaker 1: I think this text purportedly is from him. I pussed
- 34:27Speaker 1: the dog because you got me so mad, like you
- 34:29Speaker 1: wouldn't stop about Eva always Eva, every argument. Eva? Who
- 34:36Speaker 1: is Eva? Sophia.
- 34:38Speaker 7: Eva is Doug's daughter, and I'd like to add have
- 34:40Speaker 7: talked to her several times and she tells me that
- 34:43Speaker 7: they were constantly together, touching each other, lovey dovey, and
- 34:48Speaker 7: so maybe there was a bit of jealousy on Ashley's
- 34:50Speaker 7: end because I did not pick it up from Eva's
- 34:53Speaker 7: end while I was interviewing her.
- 34:54Speaker 1: Nancy.
- 34:55Speaker 6: Ultimately, the jury did not believe Ashley Benifield's account that
- 34:59Speaker 6: she was at risk when she shot her husband and
- 35:02Speaker 6: killed him. In his closing argument, Benifield's defense attorney, Neil Taylor,
- 35:07Speaker 6: said his client did what any law abiding citizen would
- 35:10Speaker 6: do when dealing with an abusive partner. According to the defense,
- 35:14Speaker 6: she filed complaint after complaint, calling Doug Benifield's behavior to
- 35:18Speaker 6: the attention of authorities, with no result. No one else
- 35:22Speaker 6: was home when Benifield shot her husband, but according to
- 35:25Speaker 6: state prosecutors, there was no evidence that Benifield had been
- 35:29Speaker 6: struck in the face and her testimony about the event
- 35:33Speaker 6: had been evasive. Now, the thirty two year old Ashley
- 35:36Speaker 6: Benfield is facing a sentence of up to thirty years
- 35:39Speaker 6: in a state prison after being convicted of manslaughter. She
- 35:43Speaker 6: will learn her fate in October.
- 35:45Speaker 1: We wait as justice unfolds. Nancy Mary signing off good
- 35:50Speaker 1: night friendl