The aggravated menacing charge is a first-degree misdemeanor.
Benson is also facing two counts of having weapons while under disability.
They are scheduled to be arraigned on Thursday and are being held without bail, Montgomery County Prosecutor Mat Heck Jr. said.
Benson and Conner reportedly shot three houses on West Fairview Avenue on Aug. 23. Isabella A’more Carlos, 12, was sleeping in an upstairs bedroom at the time and struck and killed by gunfire.
The shooting stemmed from a social media post involving a relative, Heck said.
On Aug. 22, the pair were armed with guns when they confronted a woman in Trotwood about a social media post involving their cousin, he added.
“It had nothing to do directly with them,” Heck said.
The woman was in her car with a second woman and children. Trotwood police responded and the women and children later left the area.
Hours later, around 12:30 a.m., approximately 37 shots were fired at three homes on West Fairview Avenue in Dayton. Carlos’ 11-year-old sister found her shot in the bedroom, Dayton police said.
Her father, Michael Nooks, tried to resuscitate her, but she was pronounced dead at the scene.
“This cowardly shooting was tragic and senseless,” Heck said. “This young girl with her entire life ahead of her, her entire future, was snuffed out. A seventh grader murdered while at home. Murdered while asleep in her bed.”
The social media post had no connection to Carlos, her family or anyone in her home, he added.
One of the other two houses was reportedly targeted due to the social media post, according to the prosecutor’s office.
Benson was previously convicted of failure to comply with the order or signal of a police officer in January, Heck said.
He was on probation at the time of the shooting.
Conner was granted intervention in lieu of conviction and probation supervision for improper handling of a firearm in a motor vehicle and carrying concealed weapons in July, Heck said. The prosecutor’s office has filed to revoke the probation and intervention in lieu of conviction with both judges in the previous cases.
They were armed with an AK-47 and AR-15 in the shooting on Aug. 23, Heck said.
“Remember, both of these defendants were prohibited from being in possession of a gun, much less using or firing a gun,” he added.
The prosecutor said people must be held responsible for using guns dangerously.
“We’re going to take other measures here in the near future about making some suggestions,” he said. “There’s got to be consequences and people have to be held responsible when they use guns like this.”
Heck also called on the public to report suspicious activity to police and cooperate with officers.
“That’s the only way we’re going to stop this.”
About the Author