5 days ago
Man serving life in prison for killing Mass. mayor's son granted parole, will enter Tufts program
A 50-year-old man convicted of killing Cambridge Mayor E. Denise Simmons' son in 1995 and sentenced to life in prison has been granted parole.
'Yesterday, our office was notified that Ernest Benjamin, 50, is set to be released to a home plan approved by the state parole board,' Plymouth County District Attorney Tim Cruz's office said in a statement.
On July 30, 1995, Benjamin, then 20, shot and killed Anthony Simmons, 27, on a Brockton street after a verbal dispute, the state parole board stated in its decision on Wednesday. Benjamin accused Simmons of selling drugs on 'his block,' which Simmons denied and started to walk away.
Benjamin pulled out a gun and fired, later saying during his testimony that he closed his eyes as he shot Simmons, opened his eyes while Anthony Simmons walked and 'began firing again,' the board stated.
'He testified that he meant to cause injury, but not kill, Mr. Simmons,' the board added.
Anthony Simmons was struck four times and grazed by two others before he died. Benjamin fled to Puerto Rico before he turned himself in to Brockton police, Cruz's office said.
In Plymouth Superior Court, Benjamin was convicted of murder on Sept. 16, 1996, and was sentenced to life in prison without the possibility of parole.
Benjamin's home plan is expected to start before or on Aug. 26, before he enters Tufts University's re-entry MyTERN program scheduled to start Aug. 28, the board said. He became eligible for parole after the Supreme Judicial Court (SJC) decided that incarcerated adults between the ages of 18 and 20 sentenced to life in prison is unconstitutional.
'As a result of the SJC's decision in regard to Mr. Benjamin's first-degree murder conviction, he was re-sentenced to life in prison with the possibility of parole after 15 years,' the board continued.
While incarcerated, Benjamin earned his GED in 2005 and took part in a Boston University degree program, which he did not complete, the board said. Without a disciplinary report in almost 10 years, he engaged in rehabilitative programming and was accepted into Tuft's MyTERN program.
The board made its decision after Benjamin received support from forensic psychologist Katherine Herzog, two of Benjamin's friends and a family member.
But in April, members of Anthony Simmons' family spoke against Benjamin's parole at a parole board meeting, Cruz's office said.
'Mr. Benjamin should not be released,' Mayor E. Denise Simmons told the board, according to WBUR. 'Not now, not ever... 'He did not just kill a man. He devastated an entire family. My daughters lost their brother. Anthony's daughter lost her father.'
She added that Benjamin was not a child at the time of her son's death, reiterating that he was 20 years old at the time of the shooting. Benjamin appeared at the parole board hearing, admitted to Anthony Simmon's death and apologized directly to the family, WBUR wrote.
' I'd like you all to know of the remorse that I carry deep down inside for depriving you of your loved one,' Benjamin said, WBUR reported. 'I'm truly sorry for what I've done to you.'
As part of his home plan, Benjamin must waive working for two weeks, be electronically monitored for six months, adhere to drug testing, abstain from drinking alcohol, take part in mental health counseling and enter and complete the MyTERN program.
Cruz objected to Benjamin's parole.
'We will continue to oppose the release of violent criminals who choose to ignore our laws and have forever harmed innocent people in our communities,' Cruz said at the end of his statement.
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