DA to screen charges in girl's slaying

By Pat Reavy
Deseret News
Published: Wednesday, July 9, 2008 12:06 a.m. MDT
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The Salt Lake District Attorney's Office was scheduled to begin screening charges Wednesday afternoon against at least one of those arrested in connection with the drive-by shooting death of a 7-year-old girl playing on the sidewalk in front of her house earlier this week.

Frank Benavidez, 20, and three 16-year-olds were arrested following the fatal shooting of Maria Del Carmen Menchaca and booked into the Salt Lake County Jail for investigation of first-degree murder. Investigators say Benavidez was behind the wheel of his black SUV that drove past Menchaca's house on the corner of 800 West and Fremont Avenue (1100 South) about 6:30 p.m. Sunday. Police say a juvenile inside the vehicle fired a round toward Menchaca's house, fatally striking the little girl in the chest.

Although some police officers Sunday indicated they did not believe Menchaca was the intended target, investigators said that aspect of the case was still being investigated. They do believe, however, firing in the direction of the young girl's house was intentional.

Benavidez and juveniles Gabriel Magallon, Tiona Vigial and Mae Johnson are documented gang members, police say. Salt Lake police detectives say the shooting was the result of an ongoing rival gang situation between the suspects and at least one person who was inside Menchaca's house. Benavidez was at the house earlier in the day threatening at least one person, according to family members.

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Although the three youths were booked into juvenile detention on first-degree homicide charges, they could be charged by the DA's office directly into the adult system because of their age and the severity of the charge. Tuesday, the district attorney's office could neither confirm nor deny that charges against the juveniles would be screened today. Under Utah law, the DA cannot even acknowledge they are investigating a juvenile unless charges are actually filed in the adult system.

Official charges against Benavidez and possibly others weren't expected to be completed until Thursday or Friday.

Meanwhile, the mourning continued on the corner in front of Menchaca's house where a make-shift memorial of candles, balloons, stuffed animals and angel figurines continued to grow.

A small number of people from the Glendale neighborhood gathered at the memorial for the second night of a nine-day prayer vigil, while family members attended a Mass and a viewing for the girl Tuesday night.

A funeral could be held sometime today, friends said.

Salt Lake Mayor Ralph Becker issued a statement Tuesday afternoon, calling the shooting "heartbreaking" and "senseless."

"This tragedy raises many questions about how our community can better deal with the gang problem. In the days and weeks to come, I will work with Police Chief (Chris) Burbank and other law enforcement and community leaders to assess our efforts and identify new strategies for keeping our community safe," he said in his statement.

2 comments

Recent comments

This is fairly typical gang behavior down here on the border.

Arizona | July 9, 2008 at 10:49 a.m.

I am so pleased that the Mayor is taking a stand on this issue. In...

Glendale Resident | July 9, 2008 at 10:48 a.m.

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Frank Benavidez