BRADENTON, Fla. — The third day of trial in a Manatee County murder case that’s gained national attention as the "Black Swan murder" commenced Thursday.
Former ballerina Ashley Benefield is accused of shooting and killing her husband on Sept. 27, 2020, following an argument.
Family members from both sides, including the victim’s brother and older daughter who testified Monday, were once again in court.
The morning started with the judge reprimanding the victim’s daughter, Eva Benefield, about actions that could have been interpreted as a violation of the subpoena over social media presence and a conversation with a member of the media. After getting context and clarification, the judge admonished Eva Benefield and denied a motion by the defense to strike her out as a rebuttal witness.
The judge also dispensed a matter concerning a member of the jury being witnessed in a nearby restaurant overhearing television commentary about the case. However, it was learned that the juror had immediately asked for the TV to be turned off and was obliged by the restaurant staff.
Among the testimonies that the six-person jury would hear today includes from a Manatee County investigator with the technical services unit who specialized in forensics access and analysis of related data in a case. This would include accessing the phones and computers of the deceased victim and the defendant.
The courtroom also saw various text message conversations between the couple during around a three-day period before the shooting happened.
A medical examiner and a ballistics expert are also expected to take the stand Thursday.
According to court records, a custody battle is at the center of this case. On Tuesday, Douglas Benefield’s lawyer described the contentious situation surrounding the birth of the child and visitation leading up to the day of the murder which happened at Ashley Benefield’s mother’s home in Lakewood Ranch.
Sarasota lawyer Stephanie Murphy said her client was preparing for a Sept. 30 divorce hearing separate from the ongoing custody hearings before Ashley shot him. Alicia Byers, the defendant’s mother who had last seen Doug arriving at her home with a U-Haul truck as she was leaving with the couple’s child to the park, was also among the testimonies the court heard including from a psychologist, a social worker and more sheriff’s office detectives.
The prosecution is also expected to rest its case before lawyers for Ashley Benefield can begin to mount their client’s defense.
Benefield is facing 25 years to life in prison and has maintained that her estranged husband who she said had been abusive and was trying to get away from was aggressive that day when she shot and killed him. In opening statements, her lawyers declared that she was justified in her own self-defense and had previously tried to use Florida’s "Stand Your Ground Law" in a bid for immunity from prosecution but that motion was denied by the judge.
It’s not clear yet if or when Ashley Benefield will take the stand to defend herself. The trial is expected to last about three weeks.