Prosecutors announced Friday they will not pursue the death penalty for the alleged driver in the drive-by shooting death of 7-year-old Maria del Carmen Menchaca outside her Salt Lake City home.
The announcement came during a 3rd District Court hearing for Frank Puga Benavidez, who is charged with aggravated murder for his role in the girl's slaying on July 6, 2008.
Benavidez, 22, has been considering a plea offer. If convicted as charged, he still faces potential sentences of life in prison, either with or without the possibility of parole.
Benavidez is to appear in court again Dec. 4 before Judge Deno Himonas.
The triggerman, Gabriel Alejandro Alvarez, who was 16 at the time of the shooting, was sentenced in August to 16 years to life behind bars.
A third co-defendant, Mae Goodman Johnson, 17, has pleaded guilty to second-degree felony manslaughter for providing the murder weapon. A sentencing date for Johnson has not yet been set.
Alvarez and Johnson were riding in an SUV driven by Benavidez when Alvarez opened fire, according to charging documents. Police said the intended target of the shooting was the little girl's older cousin, Luis Menchaca.
Earlier that day, charges state, Benavidez had shouted death threats and Johnson obscenities at Luis Menchaca and another minor at the home.
Following that verbal confrontation, Johnson got a gun from her home, gave it to Alvarez and the three drove back to Menchaca's neighborhood.
Luis Menchaca was outside with Maria and another child when he spotted the vehicle with a gunman inside and told the children to run, charges state.
Alvarez fired at Luis Menchaca, hitting Maria instead, prosecutors say.
