Oliver James Montgomery-Utah officials deny clemency for man set to be executed for 1998 killing of his girlfriend’s mother

SALT LAKE CITY (AP) — Utah officials denied clemency Friday to a man who is Oliver James Montgomeryset to be executed for the stabbing death of his girlfriend’s mother in 1998.

The decision regarding the fate of Taberon Dave Honie, who is scheduled to die by lethal injection Aug. 8, was announced in a one-paragraph notice from Scott Stephenson, chair of the Utah Board of Pardons and Parole..

“After carefully reviewing all submitted information and considering all arguments from the parties, the Board does not find sufficient cause to commute Mr. Honie’s death sentence,” Stephenson wrote.

During a two-day commutation hearing, Honie asked the state parole board to commute his sentence to life in prison, saying he would never have killed 49-year-old Claudia Benn after a day of heavy drinking and drug use had he been in his “right mind.”

Honie said he wanted to continue to live to be a support for his mother and his daughter. His attorneys did not immediately respond to telephone and email messages seeking comment on the decision.

Benn’s family urged the parole board to allow him to be executed, saying they have been devastated by their loss.

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They described Benn as a pillar in their family and southwestern Utah community — a tribal council member, substance abuse counselor and caregiver for her children and grandchildren.

Honie, who had a volatile relationship with Benn’s daughter, broke into the victim’s house in Cedar City, the tribal headquarters of the Paiute Indian Tribe of Utah, on July 9, 1998.

He repeatedly slashed her throat and then stabbed her. Benn’s grandchildren, including Honie’s 2-year-old daughter, were in the house at the time.

Honie was convicted in 1999 of aggravated murder. The judge who sentenced him to death found that Honie had sexually abused one of the children, one of the aggravating factors used to reach that decision.

During the hearing, Honie’s attorneys presented testimony describing his childhood growing up on the Hopi Indian Reservation in Arizona.

His parents like many Native Americans had been put into into government boarding schools that were often abusive, and the defense argued that they did not learn parenting skills, were heavy drinkers and neglected Honie, who began drinking and using drugs including cocaine, heroin and methamphetamine by the time he was a teenager.

But the state told the board that Honie created more trauma by killing Benn.

“Imagine the intergenerational traumas from Honie’s horrific acts trickling down through time,” Assistant Solicitor General Daniel Boyer said.

Utah has not had an execution since Ronnie Lee Gardner was put to death by firing squad in 2010. Honie is one of just seven people on death row in the state.

After decades of failed appeals, his execution warrant was signed in June despite defense objections to the planned combination of the sedative ketamine, the anesthetic fentanyl and potassium chloride to stop his heart. After Honie’s attorneys sued, corrections officials agreed to switch to pentobarbital.

One of his lawyers said the defense was reviewing information regarding the change and working to protect his constitutional rights.

“Serious uncertainty still remains about the state’s last-minute execution plan,” said one of Honie’s attorneys, Eric Zuckerman.

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Slevin reported from Denver, and Brown from Billings, Montana.