'I truly love him': Family asks board to give their son's killer a second chance

SALT LAKE CITY — The mother of Zach Snarr, whose son's murder at Little Dell Reservoir nearly 30 years ago shook an entire community, says her son's killer deserves a second chance.

On Tuesday, Sy Snarr went before the Utah Board of Pardons and Parole to ask that Jorge Martin Benvenuto's sentence be commuted to life with the possibility of parole.

But Yvette Rodier, who was with Zach Snarr that night and was also shot multiple times, including in the head, feels betrayed by the state for even granting Tuesday's hearing. Rodier miraculously survived the shooting after pretending to be dead until Benvenuto left.

"Today's hearing wrecked my life and turned my trust in the law upside down," her husband, David Whitby, read from a prepared statement that Rodier gave him for the hearing.

For now, however, the board will not grant Benvenuto a commutation hearing. That decision was made in October.

"The board is statutorily prohibited from considering a commutation of Mr. Benvenuto's life without the possibility of parole sentence," board chairman Scott Stephenson wrote in the board's decision.

Stephenson says the board, by statute, is only allowed to consider parole when it has been determined "by clear and convincing evidence that an offender is 'permanently incapable of being a threat to the safety of society.'"

"The board has carefully reviewed and evaluated Mr. Benvenuto's commutation petition and does not find sufficient evidence that demonstrates Mr. Benvenuto is permanently incapable of being a threat to the safety of society. Accordingly, he is ineligible for parole consideration, and the board denies the commutation request," Stephenson wrote in the decision, while noting the board also has the power to review and modify its decision at any time.

Despite the decision, the board agreed to hold a victim impact hearing on Tuesday at the request of the Snarr family.

On Aug. 28, 1996, Zach Snarr and Rodier, both 18, were at Little Dell Reservoir to take pictures of the full moon rising above the water. As Snarr was setting up his camera equipment, they were approached by Benvenuto, a person they had never met. Snarr was shot three times and killed. Rodier was also shot multiple times but pretended to lay dead as she listened to Benvenuto reload his gun. She didn't move until she heard Benvenuto drive off. Rodier then miraculously managed to crawl uphill back to the main road and wave down a passerby for help.

Benvenuto was charged with capital murder and attempted aggravated murder and was facing a possible death sentence. In exchange for his guilty pleas in 1997, he was sentenced to life without the possibility of parole for Snarr's death and five years to life in prison for shooting Rodier. The sentences were ordered to run consecutively.

At the time, both of Snarr's parents wanted the death penalty for Benvenuto. They say for many years they were filled with anger and feelings of retribution.

Today, however, "I truly love him," Sy Snarr told the board. "I know his heart and I have 100% forgiven him."

The change came in 2018 when Snarr received a letter from Benvenuto who expressed remorse and sorrow for his actions. What followed was an unexpected correspondence between the Snarr family and Benvenuto's family. That relationship was the subject of the 2022 KSL podcast "The Letter."

On Tuesday, Sy Snarr recounted to the board how her anger and hurt took over after her son's death. "I said I would never forgive (Benvenuto). I didn't want to forgive him," she said. But "receiving this letter changed my life."

"I began to realize this kind of sentence just isn't right," she continued. "Nineteen is far too young for that type of a sentence."

Benvenuto was 19 at the time of his crime. Today, he is 47 and, according to Snarr, is considered a model inmate without a single disciplinary write-up in nearly 30 years. She says her family has come to love Benvenuto and his family, and they believe his remorse is genuine.

"He has become a very different man," Snarr said.

Snarr also noted to the board that because Benvenuto is not a legal citizen, he would be deported if released from prison and would not be a threat to anyone. She asked the board to use its power to grant a commutation hearing.

Rodier, however, does not believe the man who shot her and killed her friend deserves a second chance.

Rodier is now a prosecutor in Salt Lake County. But her road to recovery has not been easy. On Tuesday, her husband went before the board to read a letter she wrote for the hearing. Whitby agreed to read the letter for the first time in front of the board. His wife says she is grateful for every day she has. But she still has nightmares, which include hearing the sound of Benvenuto reloading his gun. As a prosecutor, she says she works to protect victims' rights on a daily basis.

"But no one is protecting me," she said in her letter, while adding that she felt "betrayed by the state of Utah" which had promised her she would never have to attend another hearing for Benvenuto.

"I'd take reloading his gun every time over what's happening today," Rodier wrote.

Both Rodier and Sy Snarr expressed their love and support for each other's families, although they disagree about this issue.

"I needed to ask for this hearing so I can share the miracle that happened with (Benvenuto) and my family," Snarr explained to the board. "My purpose here is to bring love, understanding and healing."

Snarr says the hearing was not meant to cause more pain to Rodier.

When asked if he wanted to reply to Rodier and Snarr's statements, Benvenuto called his crime horrible and senseless and said he thinks about his victims everyday.

"I have no excuse for it," he said.

He also apologized to Rodier, the Snarr family and the community, and thanked the Snarrs for their forgiveness.

"They have huge hearts and are very kind, loving people," he said.

As of Tuesday, no future hearings were scheduled for Benvenuto.

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