Utah
Utah officials deny clemency for man set to be executed for 1998 killing of his girlfriend’s mother – WTOP News
SALT LAKE CITY (AP) — Utah officials denied clemency Friday to a man who is set to be executed for…
SALT LAKE CITY (AP) — Utah officials denied clemency Friday to a man who is set 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 this week, Honie asked the 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 clemency denial.
Benn’s family urged the parole board to allow him to be executed, saying they have been devastated by their loss.
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.
“The way he killed her, that’s just sick. … An eye for an eye, as God says it,” Sarah China Azule, Benn’s niece, said during testimony.
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 traumatic 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 six people awaiting execution in the state. The death sentence for a seventh person, Douglas Lovell, who killed a woman to keep her from testifying against him in a rape case, was overturned Thursday by the Utah Supreme Court. He will be resentenced.
After decades of failed appeals, Honie’s 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. When Honie’s attorneys sued, corrections officials agreed to switch to pentobarbital but the case is still pending.
One of his lawyers said previously that 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,” attorney Eric Zuckerman said.
Prison officials have agreed to let one of Honie’s lawyers have access to a phone while witnessing the execution in case an emergency motion needs filing, according to a Wednesday court order.
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Slevin reported from Denver, and Brown from Billings, Montana.
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© 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.
Utah
Legal outcomes difficult to track for hundreds of human-caused Utah wildfires
SALT LAKE CITY (KUTV) — There have been hundreds of human-caused wildfires this year in Utah, but the legal outcomes are hard to track.
At least two people have been charged recently for starting fires: one for the Memory Grove Fire in Salt Lake and one for the Mountain Road Fire in Ogden.
This year alone, 327 wildfires have been started by people in Utah — an act that should carry consequences, according to some.
“Certainly, if it’s intentional, it’s against the law,” resident David Mastroianni said. “If it’s not intentional, then they weren’t being as careful as they should be with something they should be careful with.”
But, before anyone gets to that point, there’s a lot of work that goes into figuring out what started the fire, let alone who.
“The fire investigator will show up on scene and will look at the scene, collect evidence, and then turn it over to the proper authorities,” said Kelly Wickens with Forestry, Fire, and State Lands.
Tracking which fires end with criminal charges or civil suits is difficult.
Wickens said that once the fire is out and the investigator turns the evidence over, their work is done, and it’s up to the proper authorities to press charges.
“Arson does require — this is what makes it difficult — is that you have to establish someone intentionally started a fire,” said former prosecutor Nathan Evershed.
Evershed said there are more charges than just arson, such as reckless burning.
“So, if it’s not intentional and it’s more accidental, it can still be viewed as being reckless,” Evershed said.
That could mean if a firework accidentally causes a fire.
Evershed said that there’s also a difference between causing a structure fire and a grass fire. A structure fire could result in aggravated arson charges.
But what happens if a fire is completely accidental?
“It’s more difficult to find a criminal sanction on that … still could be a civil sanction on that, where somebody would have to pay restitution,” Evershed said.
So, while there’s no concrete number for how many human-caused fires have led to charges or civil suits, there are a lot of avenues if someone does get caught.
Evershed said you can even be charged if you just abandon a campfire that causes a fire.
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Utah
One of Utah’s public ski areas is for sale
Four lifts, 174 acres, night skiing and a concert venue near Logan are up for grabs.
(Photo courtesy of Dylan White |@blanco_photovideo/Cherry Peak Resort)
The entire front side of Cherry Peak Resort, located about half an hour north of Logan, is illuminated for night skiing.
Utah
Why Trump’s push to shrink two national monuments is sparking a new fight
President Donald Trump sharply reduced the size of two national monuments in Utah, undoing protections established by his Democratic predecessors on public lands that are sacred among many Native Americans.
Bears Ears and Grand Staircase-Escalante national monuments in southern Utah have ancient cliff dwellings, petroglyphs and scenic canyons, as well as coal and uranium deposits that state officials want made available for development.
Trump, a Republican, issued proclamations Monday under the Antiquities Act to reduce their size by about 90% each. He took similar actions during his first term, but those were reversed by President Joe Biden, a Democrat.
The latest move comes as Trump and other Republicans have drastically reshaped the management of vast taxpayer-owned lands concentrated in Western states. Trump administration officials and congressional Republicans have sought to expand drilling, mining and logging on public lands, while removing protections for imperiled species and rolling back rules for conservation.
“They took the land from the people quite honestly,” Trump said at a signing event at the White House Monday. “We’re giving it back.”
President Bill Clinton, a Democrat, established Grand Staircase-Escalante National Monument in 1996, and President Barack Obama, also a Democrat, created Bears Ears National Monument in 2016 under the Antiquities Act. The 1906 law gives presidents the powers to protect sites considered historic, archaeologically significant or culturally important.
Davina Smith-Idjesa, a citizen of the Navajo Nation and co-chair of the Bears Ears Inter-Tribal Coalition, said tribal leaders had braced for a reduction since Trump was elected to a second term. She said it was “heartbreaking” and accused federal officials of sidestepping their legal responsibility to consult with tribal nations that would be impacted.
“From a Navajo perspective, Bears Ears is not simply a piece of federal public land,” Smith-Idjesa said. “This is a living cultural site that holds our histories, our ceremonies, our traditional foods and medicines and our ancestors’ footprints.”
‘Big day for Utah’
Utah officials had long fought against the monument designations and argued that the state should be in charge of controlling its own lands. Trump in his first term reduced their size, calling their creation a “massive land grab.” Combined they spanned more than 3.2 million acres (13 million hectares), an area nearly the size of Connecticut.
Trump reduced them Monday to less than 303,000 acres (123,000 hectares) combined.
That’s a greater reduction than his first term, when he left Grand Staircase Escalante at 1 million acres (405,000 hectares) and Bears Ears at 213,000 acres (86,000 hectares).
“This is a big day for Utah,” Utah Gov. Spencer Cox as he stood next to Trump at the White House. “These monument designations are supposed to be the smallest area as possible to protect the antiquities.”
Bears Ears was the first national monument created at the request of tribal nations that consider the land sacred. The landscape contains ancestral villages, ceremonial and burial sites and features in some tribes’ creation and migration stories. Its designation honored five tribes in the region — Navajo, Hopi, Zuni, Ute Mountain Ute and Uintah-Ouray Ute.
Home to hundreds of thousands of objects of cultural and scientific significance, Bears Ears is jointly managed by an agreement between tribal nations and federal agencies.
Rick Bowmer/AP Photo
Rick Bowmer/AP Photo Newspaper Rock, featuring a rock panel of petroglyphs in the Indian Creek Area, is seen near Monticello, Utah, on July 14, 2016.
Grand Staircase-Escalante consists of cliffs, canyons, natural arches and archaeological sites, including rock paintings. It holds large coal reserves, while the Bears Ears area has uranium.
The national monument designation provides sweeping protections not just for significant geological features or artifacts but also for the surrounding landscape, banning drilling, mining and new construction nearby. Proponents of Trump’s move to downsize say the protective boundaries stretch too far and hinder mining for critical minerals.
Trump asserted Monday that people can not hunt, fish or “virtually not even walk” on the monuments. That’s false: Hunting, fishing, camping and other recreation are permitted under state and federal regulations, said Steve Bloch, legal director for the Southern Utah Wilderness Alliance, a conservation group.
Biden designated or expanded more than a dozen monuments and had a goal to conserve at least 30% of U.S. lands and waters by 2030.
Trump’s policies are largely the opposite: He wants to tap into the natural resource wealth of federal lands that total more than 100,000 square miles (260,000 square kilometers) and offshore areas under federal control, such as in the Gulf of Mexico and off Alaska.
That’s drawn backlash from Democrats who warn of the wholesale disposal of treasured landscapes for commercial gain.
“Today’s executive action is another chapter in this administration’s war on the West,” Democratic Sen. Martin Heinrich of New Mexico said Monday. He added that Trump was “turning the Antiquities Act on its head.”
Land sale proposals fell flat
Trump Interior Secretary Doug Burgum said last year that federal officials would review and consider redrawing monument boundaries as part of a push to expand U.S. energy production.
Trump in his current term has used proclamations to lift commercial fishing prohibitions within expansive marine monuments in areas of the Pacific Ocean and in the Atlantic Ocean off the New England coast. Those monuments were created by Democratic and Republican administrations. The effort to boost the fishing industry, which has been challenged in court, marks a dramatic shift in federal policy by prioritizing commercial interests over efforts to allow the fish supply to increase.
Some Republicans have tried to sell or transfer federal lands to states or other entities. Those efforts have largely fallen flat: A push by some GOP lawmakers in the House to sell public lands ran into bipartisan opposition, while another proposal by Sen. Mike Lee of Utah to sell more than 3,200 square miles (8,300 square kilometers) of federal lands was removed from Republicans’ big tax and spending bill.
The U.S. Supreme Court last year turned back a lawsuit from Utah officials who sought to wrest control of vast areas of public land within the state from the federal government.
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Hannah Schoenbaum reported from Salt Lake City.
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