Tommy Lee Mitchell on Wednesday was found guilty of first-degree murder – which carries a minimum mandatory life sentence – after the jury deliberated for two days. A sentencing hearing for Mitchell is scheduled for March 19 at 1:30 p.m.
Prosecutors with the 6th Judicial District charged Mitchell with the April 3, 2012, murder of Joey Benavidez that occurred at Benavidez’s home, about two miles southwest of Ignacio. Mitchell, of Farmington, entered the home with his friend, Elijah Anglin, in an apparent robbery stemming from a marijuana purchase.
Benavidez, 39, was shot multiple times with a .22 caliber handgun and a .38 caliber handgun while trying to flee his home.
Others involved in the robbery were Jeremiah Mason, Armondo Yazzie and Shanice Smith. They have all been sentenced.
About 1:40 p.m. Wednesday, Mitchell was escorted by La Plata County Sheriff’s Office deputies into the courtroom. He wore a black dress-sweater and khakis as he sat anxiously twiddling his fingers before the session.
After Judge Jeffrey Wilson read the verdict, Mitchell stood emotionless next to his defense attorney, Chris Trimble.
As well as first-degree murder based on robbery, Mitchell was found guilty of second-degree murder, first-degree burglary, theft, distribution of marijuana and intimidating a witness. The jury found Mitchell not guilty on counts of aggravated robbery and robbery.
Aaron Benavidez, the victim’s father, sat alongside his daughter, Melissa, and tightly held her hand. Both wept while the judge read the ruling for each of the counts Mitchell faced.
As the courtroom swiftly emptied, the Benavidez family hugged the prosecution team in gratitude.
“This is not a happy day for anyone,” District Attorney Todd Risberg said.
Aaron Benavidez said the court process had been rough.
“I was nervous. I wasn’t sure it was going to happen,” he said, referring to the jury finding Mitchell guilty of murder.
“Justice has been served,” he said.
The next step in his life is to keep on living and to never forget the memory of his son, Joey, he said.
Several of Mitchell’s family members who were at previous court sessions did not appear to be present Wednesday afternoon, possibly from the quick reconvening of the court. Several reactions, upset mutters and frowns were seen from people in the gallery sitting behind the defense.
In Monday’s closing arguments, Trimble said Mitchell was sucked into the gangster life because of a traumatic upbringing, and that he made several mistakes such as getting involved with drugs, joining a gang and illegally possessing firearms.
Those decisions resulted in lifelong consequences for 21-year-old Mitchell.
The Benavidez family was glad the two-week trial and two-day jury deliberation finally was over.
“I never wanted the death penalty because I don’t believe in killing people,” Benavidez said.
Mitchell’s cohorts all received at least six-year prison terms.
Anglin pleaded guilty to second-degree murder and was sentenced July 11 to 38 years in prison after signing a plea agreement.
Mason and Yazzie pleaded guilty to being accessories to murder in April 2013; Mason was sentenced to six years in prison; and Yazzie was sentenced to 10 years in prison.
Smith pleaded guilty to being an accessory to murder and was sentenced in February 2013 to eight years in prison after signing a plea agreement with the District Attorney’s Office.
vguthrie@durangoherald.com
