Attorneys for Ashley Benton are seeking early termination of probation for the teenage girl who fatally stabbed a gang leader during a melee in Montrose in 2006.
Benton, now 19, pleaded guilty to aggravated assault with a deadly weapon in December 2007 after a two-week murder trial ended with a hung jury. She received five years of deferred adjudication.
If approved, her attorneys’ request could mean she would be free of court-imposed restrictions as early as December. She would have served two years of probation.
If she lands back in trouble before then, state District Judge Kevin Fine could sentence her to a maximum of 20 years in prison.
Benton stabbed Gabriel Granillo, a leader of the well-known gang, MS-13, or Mara Salvatrucha, with a double-bladed knife during a gang fight.
The question jurors had to decide was whether Granillo was swinging the bat at Benton or running away. Prosecutors said it was murder. Benton’s attorneys said it was self-defense.
Harris County Assistant District Attorney Mia Magness, who prosecuted the case, confirmed the filing but would not say whether prosecutors would oppose the motion.
A hearing on the request is scheduled for Thursday.