Teen found not guilty in gas station murder retrial - WLOX.com - The News for South Mississippi

Teen found not guilty in gas station murder retrial

Posted: Updated:
OXFORD, MS (WLOX) -

A Moss Point teen being retried for capital murder has been found not guilty.

Tevin Benjamin was 14 when he was arrested in connection with the 2008 shooting death of Michael David Porter. The Hattiesburg grandfather was gunned down at a Moss Point gas station during a robbery attempt.

"I am shocked and disappointed with the verdict handed down today," District Attorney Tony Lawrence said. "This is one of the most painful things I've had to endure as District Attorney."

Benjamin was convicted and sentenced to life in prison. But, the state supreme court reversed the decision, saying Benjamin's rights were violated when he was questioned by police.

"When we tried this case the first time in Jackson County, all 12 jurors voted to find him guilty of capital murder. Today, all 12 jurors from Lafayette County voted to find him not guilty. The difference between the two trials turns on the decision handed down by the Mississippi Supreme Court. In that decision, the Court found that the defendant did not voluntarily waive his Miranda rights because they found that his mother unknowingly became an agent of the State and coerced her son to give a statement to law enforcement. As a result, the jury never heard a critical piece of evidence against the defendant because we were unable to use his statement at this trial."

Lawrence said watching the victim's family endure yet another trial has been painful.

"My heart goes out to Linda and the entire Porter family. They have had to sit through four different trials detailing how their loved one was killed; and now, at the last one, they had to watch one of the individuals involved in killing their family member walk out of the courtroom."

Benjamin's retrial was held in Lafayette County because of all of the publicity surrounding this case.

Copyright 2014 WLOX. All rights reserved.

  • Most Popular StoriesMost Popular StoriesMore>>

  • Hebert Family speaks out about deadly explosion at Omega Protein

    Hebert Family speaks out about deadly explosion at Omega Protein

    Tuesday, July 29 2014 6:55 AM EDT2014-07-29 10:55:14 GMT
    Christopher Hebert was killed in an accident at Omega Protein's Moss Point plant in 2012. Hebert's loved ones said they are heartbroken to hear of another life lost.More >>
    In 2012, Christopher Hebert was killed when he was caught in a rotating screw conveyor at Omega Protein's Moss Point plant. Hebert's loved ones said they are heartbroken to hear another family is having to deal with losing a loved one because of something that happened at the plant.
    More >>
  • Woman, 2 children killed in Leake County ATV accident

    Toddler involved in fatal Leake County ATV accident expected to recover

    Monday, July 28 2014 7:08 PM EDT2014-07-28 23:08:07 GMT
    Two-year-old Alicia Hernandez is currently at Blair E. Batson hospital in Jackson recovering from an ATV accident that killed her mother, brother and a cousin. "My Aunt Lucy Hernandez, her second oldestMore >>
    Sarah Eichelberger, of Baton Rouge, was driving her 2009 Acura car when she collided with Lucy Hernandez's Honda ATV.
    More >>
  • Suspect's death takes a toll on authorities

    Suspect's death takes a toll on authorities

    Tuesday, July 29 2014 6:53 AM EDT2014-07-29 10:53:12 GMT
    The D'Iberville man who was pulled from the Tchoutacabouffa River this weekend drowned, according to Harrison County Coroner Gary Hargrove. Monday, an autopsy was completed on James King. Authorities sayMore >>
    The D'Iberville man who was pulled from the Tchoutacabouffa River this weekend drowned, according to Harrison County Coroner Gary Hargrove. Monday, an autopsy was completed on James King. Authorities say the 21-year-old jumped into the river Saturday while running away from police. It's the kind of tragedy first responders admit always takes a toll on them.More >>
Powered by WorldNow

208 DeBuys Road
Biloxi, MS 39531
(228) 896-1313

FCC Public File
EEO Report
Closed Captioning

All content © Copyright 2000 - 2014 Worldnow and WLOX. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.