Teenage girl involved in shooting to get school materials in jail

Published: Tuesday, Dec. 30 2008 12:00 a.m. MST

A teenager who pleaded guilty to manslaughter in connection with the shooting death of a 7-year-old girl will have access to high school equivalency materials in the Salt Lake County Jail.

However, the educational situation and the conditions of confinement involving an older male co-defendant were not resolved at a lengthy hearing Monday and will need further legal briefs and another court hearing.

Monday's hearing before 3rd District Judge Deno Himonas addressed defense attorneys' arguments that Mae Goodman Johnson, 16, and Gabriel Alejandro Alvarez, 17, deserve to be educated regardless of their legal situations and housing status.

Both are in jail after being arrested in connection with the July 6 death of Maria Menchaca, who was playing outside her Glendale home when a drive-by shooting occurred. The child was not the intended victim.

Johnson originally was charged with first-degree felony murder but has since pleaded guilty to second-degree felony manslaughter as part of a plea bargain.

Alvarez is charged with first-degree aggravated murder, which cannot carry the death penalty because of his age. His case has not been resolved.

The third individual in the case, Frank Puga Benavidez, 21, also is charged with first-degree felony aggravated murder. His case, too, remains unresolved.

Clayton Simms, attorney for Johnson, argued that the girl should be educated because she is underage even if she is in jail and has been waived into adult court. He also contended that even if she serves the full 15-year sentence for manslaughter, she will leave prison at age 31.

It would be better for her and for society if she has some education upon release, according to Simms.

Although the judge did not issue a formal ruling, Simms said he was pleased that Salt Lake County Corrections Bureau Chief Rollin Cook, who supervises the county jail, said arrangements could be made to provide Johnson high school equivalency materials.

Simms said when it comes to the jail, a great deal depends on the classification a prisoner holds. Johnson was in a maximum security area when she was charged with murder, but since she pleaded guilty to a lesser charge, her classification has changed and she now has access to more services.

As for Alvarez, the judge directed that further legal briefs be filed and Himonas set a Feb. 4 hearing for arguments regarding Alvarez's confinement conditions and possible educational arrangements.


E-mail: lindat@desnews.com

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