The mother of a young man shot in the head in a "thrill killing" confronted her son's murderer in court Thursday, asking him if it was "worth it" to watch someone die.
The question asked by Sy Snarr came during a hearing before 3rd District Judge Deno Himonas, who turned down Jorge Martin Benvenuto's request to withdraw his guilty plea in the murder, saying the man's claim lacked merit and came too late.
Benvenuto, 28, pleaded guilty to capital murder as part of a plea bargain in the 1996 murder of Zachary Snarr, 18, as well as the severe wounding of Yvette Rodier Evans, who was also 18 at the time. The two were shot Aug. 28 during an outing above Dimple Dell Reservoir, where Snarr — an award winning photographer — had gone to take pictures of the moon.
Rodier Evans and Sy Snarr were allowed to address the court as victim representatives. Both implored the judge to side with the state and uphold the prosecutor's motion to dismiss Benvenuto's petition.
Snarr said Benvenuto told investigators he had one goal the night of the murder — to see what it felt like to watch them die.
"Jorge," she said, turning to Benvenuto in the courtroom, "what was it like to watch someone die? Was it worth it?"
Rodier Evans, referring to Benvenuto as "this murderer," said she was weary of Benvenuto's many appeals. She asked the judge to not "allow him to pull the trigger one more time."
At issue is Benvenuto's latest effort to gain freedom, claiming his rights were violated because he was not informed he could contact the Uruguayan consulate when he was arrested, which is a provision in the 1963 Vienna Convention signed by the United States, Uruguay and other countries.
Benvenuto was born in Uruguay but came here when he was 8.
Himonas ruled there was no violation of the Vienna Convention since Benvenuto told the judge who sentenced him in 1998 that he was a U.S. citizen. Even if there had been such a violation, Himonas said that was not a basis for setting aside a plea bargain.
In addition, the judge said that Benvenuto is too late in bringing this claim. Benvenuto said he was informed about the Vienna Convention in September 2002, but he did not file a petition with the court to withdraw his guilty plea until July 2005.
"Thirty-three months is simply too long a period of time," Himonas said.
Benvenuto also had argued that he waited to file because it took that long for his mother to arrange for a private lawyer to represent him, but the judge said that was an insufficient argument.
Defense attorney Grant "Bill" Morrison said Benvenuto, who has a ninth-grade education and didn't speak English until he came to this country, needed a lawyer because with his background, Benvenuto could not have filed an adequate petition with the court. He also believed himself to be a U.S. citizen because his mother became one but was mistaken, Morrison said.
Assistant Attorney General Thomas Brunker argued that Benvenuto's claim had no merit and was filed too late. Benvenuto also told two siblings he didn't want to plead guilty but had to because the state's evidence against him was so overwhelming, Brunker said.
After the hearing, Snarr said Himonas' decision restored her faith in the judicial system.
Meanwhile, Benvenuto's mother, Nelida Valdez, said her son has mental health problems that are going untreated in prison, where he is serving a life sentence without possibility of parole. "Always, in this court, my son is described as an evil person, a killer. There are medical reasons for that."
Benvenuto's attorney said he may appeal.
E-mail: lindat@desnews.com