Three charged in drive-by death of 7-year-old; one could face death penalty

Calling on an end to gang violence while at the same time sending a message that such violence won't be tolerated, Salt Lake District Attorney Lohra Miller today announced charges against one adult and two juveniles in connection with the drive-by shooting death of a 7-year-old girl.

Frank Benavidez, 20, and Gabriel Alvarez, 16, were each charged with aggravated murder and obstruction of justice in 3rd District Court. Because of the aggravated charge, Benavidez could be eligible for the death penalty if convicted. Miller declined Tuesday to say whether prosecutors would seek that sentence.

Because of his age, however, Alvarez is not eligible for the death penalty. He could get life in prison without the possibility of parole if convicted.

Mae Johnson, 16, was also directly certified as an adult and charged in 3rd District Court with first-degree felony murder and obstruction of justice. If convicted, she could face 20-years to life in prison.

A fourth juvenile who was arrested shortly after the incident was determined not have participated or encouraged the shooting and was released from custody last week, Miller said.

Miller called the shooting death of the young girl an "act of senseless violence" and called for any potential retaliation in the neighborhood, and bloodshed in general, to end. Miller pleaded to let prosecutors deal with those responsible for Maria Del Carmen Menchaca's death.

"We will not tolerate any retaliation," she said.

Benavidez was the driver and Alvarez the shooter in Menchaca's murder on July 6 as she walked outside her house at 800 W. 1100 South, prosecutors say..

The shooting of Menchaca was the result of an on-going dispute between rival gangs, according to investigators.

Earlier in the day prior to the shooting, Benavidez drove to Menchaca's house, got out and yelled, "I'm going to kill you and your family," according to court documents. Johnson also got out of the black SUV and yelled obscenities at one of the juveniles at the house, court documents stated.

About 6:30 p.m. that evening, Maria, two other juveniles and an adult were walking on the sidewalk in front of the house when the adult looked down the street and saw the dark SUV authorities say was driven by Benavidez coming toward them. A person in the backseat, later identified as Alvarez, was wearing a blue bandana over his face and holding a firearm, court documents state.