Under The Moonlight

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Speaker 4 It was a stunning summer night.

Speaker 4 The moon was out, beautiful full moon.

Speaker 4 I'm still afraid

Speaker 4 during full moons, not really afraid of the moon, but just that something bad could happen during a full moon.

Speaker 4 On August 28th, 1996, I went out on a date with my Zach.

Speaker 4 It was the very first time time he'd asked me out on a date and a part of me just thought, why would I go on a date with you? You're my Zach, you're my friend. But then

Speaker 4 I thought, absolutely.

Speaker 4 We just started driving up the canyon.

Speaker 4 I remember feeling

Speaker 4 That little twinge of excitement when you realize you really have a crush on someone and that they have a crush on you.

Speaker 4 Zack Snarr

Speaker 4 made me laugh

Speaker 4 and that connected us from the very beginning.

Speaker 4 In high school we just it seemed like we had every class together and he'd always have some smart elect remark to make when I walked in the classroom.

Speaker 4 And I think I started to look forward to those comments to see, well, what would he say about me today?

Speaker 4 while we're driving I remember thinking I'm gonna get a kiss tonight Zach's gonna kiss me tonight

Speaker 4 Zach turned into this parking lot and he said well I've got a surprise for you

Speaker 4 and Then he pulled out his photography equipment and Zach was going to teach me how to take pictures.

Speaker 4 He loved black and white pictures, and we were going to get pictures of this full moon tonight.

Speaker 4 We went down a cement pathway, probably a hundred yards.

Speaker 4 And I think it was about that time that a white truck pulled up.

Speaker 4 And in Utah,

Speaker 4 at 9, 8.30 at night, cars pull up in the mountains.

Speaker 4 You don't think anything at all.

Speaker 4 The man in the truck started walking toward us.

Speaker 4 And he asks me,

Speaker 4 Do you know where this path goes?

Speaker 4 And I answered back, saying something like, oh, oh, I don't know, we've never been here, or I'm not sure.

Speaker 4 And that's when I turned my back.

Speaker 4 And I don't know if Zach turned his head too, but I hope that Zach turned away

Speaker 4 because that's when the man pulled out a gun and just open fired.

Speaker 4 He aimed at us us and let every single bullet out of his gun.

Speaker 4 I screamed.

Speaker 4 A loud shriek. Bright, bright lights, pungent acidy smell in the air, and my ears just started ringing.

Speaker 4 I don't know where the first bullet hit me, but my body just fell down.

Speaker 4 Then it's silent for a minute.

Speaker 4 And then I remember thinking, this is over now, this is over.

Speaker 4 And it turns out that the man is reloading his gun, and he's getting bullets out of his pocket and putting them in his gun.

Speaker 4 when

Speaker 4 then three or four more shots and they feel really really close and I can feel the speed and almost just wind brushing by

Speaker 4 Then he stops finally

Speaker 4 I don't dare move at that point

Speaker 4 All I could think of in my mind was hearing my dad saying if a grizzly ever attacks you you need to hold still and play dead

Speaker 4 and so I held my breath and I didn't close my eyes and I stayed as still as I could and when he moved my body I just let it move with him

Speaker 4 because I needed to be dead for him.

Speaker 4 When he touched me here on my hips

Speaker 4 That was the first time I was really afraid.

Speaker 4 That's when I thought, well, he's gonna rape me.

Speaker 4 And that terrified me much more than what he had just done to us.

Speaker 4 Because I didn't have a concept of what being shot was, but everybody's afraid to be raped.

Speaker 4 But he didn't.

Speaker 4 Instead, he was looking for money, I assume, and he reached in all my pockets.

Speaker 4 His face is this close to me, and he's breathing on me.

Speaker 4 And then the man ran up the mountain,

Speaker 4 and I know he's gone for sure when I hear Zach's car start up.

Speaker 4 I yelled Zach's name,

Speaker 4 And it was so quiet.

Speaker 4 And I yelled again, Zach!

Speaker 4 And it was the worst silence that I've ever heard in my whole life.

Speaker 4 Well, I couldn't walk. I couldn't stand.

Speaker 4 But my arms were moving and my left leg was moving

Speaker 4 and I realized the closest way to get to the road was up the mountainside.

Speaker 4 It felt

Speaker 6 so vertical

Speaker 4 that I just felt like I kept climbing up and then I'd fall back down.

Speaker 4 I could feel

Speaker 4 Cars driving by. I could feel

Speaker 4 the wind brushing against my face. I knew I was so close to the road.

Speaker 4 But I have no idea

Speaker 4 how I got to the top.

Speaker 4 And

Speaker 4 I kneeled on the side of the road and waved my arms like this to the first car.

Speaker 4 And it didn't stop.

Speaker 7 Our plan was to get there in time to watch the moonrise.

Speaker 7 All of a sudden, in the headlights in front of us, crawled out from the side of the brush

Speaker 7 this woman covered in blood.

Speaker 7 It was like a horror movie, but much worse because it's real.

Speaker 6 She was in shock, but she was able to hold a conversation.

Speaker 6 The victim told me her name was Yvette Rodier

Speaker 6 and that she and her friend had been shot.

Speaker 6 I wanted to help the person below, but I was afraid to go down there.

Speaker 7 At this point, it was getting a little scary because we didn't know if the person who had shot her was still lurking in the area.

Speaker 7 She was in and out of consciousness,

Speaker 7 and every once in a while, she kept saying, When is the help coming? And we just kept saying,

Speaker 7 They're coming, they're coming.

Speaker 4 I remember getting in the helicopter

Speaker 4 on the gurney, you know, facing straight up to the sky.

Speaker 4 And one of the first things this paramedic in the helicopter says is, well,

Speaker 4 you know, this is a beautiful night and we've got a pretty short flight, so let's just enjoy this.

Speaker 4 And it was a beautiful night and

Speaker 4 I do remember looking out at the sky and being up in the air and

Speaker 4 feeling safe,

Speaker 4 and

Speaker 4 it's probably the last moment of peace I felt for a long time.

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Speaker 4 I was shot

Speaker 4 at least four times

Speaker 4 and then several bullets grazed my head.

Speaker 4 One of the bullets came and hit this shoulder

Speaker 4 and just dug a chunk of skin out.

Speaker 4 One of them came to my side and actually did expand and open up this entire left side.

Speaker 4 Then one came in behind it, up higher, and came all the way through my torso to my inner thigh, and that's where it got lodged.

Speaker 4 And the fourth came right across my head.

Speaker 4 After the surgery,

Speaker 4 a social worker came in and she asked me for Zach's parents' number.

Speaker 5 We were all in bed. It's quarter to one in the morning, and our doorbell rang.

Speaker 5 My daughter got up and answered the door, and she came in the bedroom and she said, there's two detectives here and they want to talk to you guys.

Speaker 5 And I sat straight up in bed and I said, Zach's not home.

Speaker 5 And it's like it hit me, Zach's not home. So I think I,

Speaker 5 at that instant, I knew something was wrong.

Speaker 5 I went in there and I, first thing I said was, what's happened to my son?

Speaker 5 And they said, well, your son was involved in a shooting tonight.

Speaker 5 I was in such shock. I was hearing what they were saying, but it just wasn't registering.

Speaker 5 And I remember finally saying, are you telling me my son's dead? And they just kind of looked at me like,

Speaker 5 you know,

Speaker 5 it just was not real to me.

Speaker 5 And I just said, I have to go to the hospital. I have to go see Vet.

Speaker 4 I remember her leaning in

Speaker 4 and just hugging me

Speaker 4 and feeling her arms around me

Speaker 4 and I'm pretty positive the first thing out of Sai's mouth was we are so glad you lived

Speaker 4 and that's still hard

Speaker 4 to think about because

Speaker 4 I felt horrible at that moment that I had lived.

Speaker 4 And I would have given anything to switch and to let Zach be there and let them be hugging their own son.

Speaker 6 It was a couple days after Zach was murdered that we were sitting out. I remember sitting out on the porch.

Speaker 6 And my dad came out and said they caught him. They caught him.
And we all ran inside and the news was on.

Speaker 10 After allegedly shooting and leaving the two young people for dead at Littledale Reservoir, there were all these reporters and all these flashes going off.

Speaker 10 15-year-old murder suspect was taken off to jail.

Speaker 6 Here's Jorge Benvenuto, a total stranger.

Speaker 6 I remember just looking at him thinking,

Speaker 6 who is this? You know, why?

Speaker 10 Investigators say George Benvenuto had developed a fascination with death in recent weeks.

Speaker 6 Jorge Benvenuto was an immigrant from Uruguay.

Speaker 6 From what we've learned about him, he was just a loner.

Speaker 6 It took the police a couple of days to find him.

Speaker 6 They knew immediately who it was because he had taken my brother's car and left his car behind. He also had my brother's wallet.

Speaker 11 They believe he abandoned his truck at the scene and took SNARS Ford Bronco.

Speaker 6 The afternoon that they caught him, Ben Venuto had gone to a gas station and was buying cookies with the last of Zach's money.

Speaker 6 The gas station attendant recognized him because his picture had been all over the news.

Speaker 6 The police arrested him just behind the gas station. He was sitting eating the cookies.

Speaker 5 He just looked like this normal kid, you know, this young kid, and I just would stare at his picture for hours.

Speaker 5 The policeman told us that he was 19 years old. They told us he had come from Uruguay.

Speaker 5 He was living, he lived in New York for a while and then moved out to Utah and that he had bought a gun a couple of weeks before and

Speaker 5 apparently somebody had robbed his house. It made him very angry.

Speaker 7 On the way to the interview, I was trying to understand what type of individual I would be talking with.

Speaker 7 During my conversation with Benvenuto, he began offering his reason for shooting these two young people.

Speaker 7 Part of his explanation was that he was tired of living himself, that he wanted to do something so bad that he would have the courage to then kill himself.

Speaker 7 But he said that, in fact, he'd lost his nerve after he had shot both of these individuals.

Speaker 7 He had a real power trip with the firearm.

Speaker 7 This made him feel powerful and somehow in control of things.

Speaker 7 When I described to Ben Venuto that he had only completed killing one of the two individuals, The surprise was visible on his face.

Speaker 7 He was almost disappointed that this gun that he treasured and thought so highly of let him down.

Speaker 5 He had told them, I just wanted to watch someone die. I want to see what it feels like to kill someone.

Speaker 5 I mean, they could have taken a knife and run it through my body. I don't think it would have been as painful because that's when we realized how it was a thrill kill.

Speaker 5 It was a totally random thrill kill.

Speaker 6 I remember he was smiling and just looking into the camera.

Speaker 6 Just made you sick.

Speaker 6 It just made me sick just to see him.

Speaker 6 In a way, I wish they would have just shot him right then and there.

Speaker 6 I remember the next morning waking up in my room and it was a beautiful morning and I remember the sun coming in through my window and the house was just silent.

Speaker 6 And I remember thinking, oh,

Speaker 6 it was a dream. What a horrible, horrible nightmare.

Speaker 6 And then my bedroom door opened and my friend came in and she was just bawling and that's when I knew that, oh my word, this really happened.

Speaker 6 And it just seemed so impossible that Zach could be gone because honestly, Zach was just bigger than life.

Speaker 6 He had such a light about him that there was just no way that anyone could have taken him from us.

Speaker 6 The funeral, I remember being in our church. Just the amount of people there was staggering.
I mean, just there, it was standing room only. It was a beautiful tribute for Zach.

Speaker 6 Yvette was there, and I remember she could barely walk. She got out of the hospital just long enough for the funeral, and then she had to go back.
But she was very weak. And I remember just,

Speaker 6 she felt so bad. She felt so guilty.
And here we are, we just looked at her, and she was such a beautiful miracle for us. We were so grateful that she had survived.

Speaker 4 Walking out afterward behind his casket

Speaker 4 was

Speaker 12 painful,

Speaker 4 was really when

Speaker 4 I just wanted to crawl up in a ball

Speaker 4 and hide from everybody and just not

Speaker 4 be the girl that lived.

Speaker 4 I didn't want to be that person right then. I just wanted to hide and be Zach's friend.

Speaker 5 Our house was so full of people.

Speaker 5 And one day, all of a sudden, people quit coming.

Speaker 5 And it hit me so hard one day, he's really not coming home.

Speaker 5 And I found out through experience there is such a thing as a broken heart. You know, you hear of a broken heart, but it is a physical pain.
I never realized that. It hurt me to breathe.

Speaker 5 And I would look around and see all these people getting on with their lives and I would think, how can they walk?

Speaker 3 How can they do what they're doing?

Speaker 5 And how can they laugh? And how can they be happy? Because for me, life was basically over. I felt like it was over.

Speaker 4 Before the shooting, I would say I was a very trusting person.

Speaker 4 I was someone who

Speaker 4 really thought everyone else in this world was kind and generous and giving.

Speaker 4 And

Speaker 4 after the shooting, I was terrified of everyone,

Speaker 4 didn't trust, I didn't want to socialize, didn't want to leave my house. My mom made sure that someone was with me 24 hours a day in my room.

Speaker 4 I was so afraid that this man was going to come and finish the job.

Speaker 6 I remember one night just feeling so desperate for help and I went and I just became so angry. All of a sudden, Ben Venuto had the power to make me, who I've always been a happy person,

Speaker 6 I couldn't even smile.

Speaker 6 And I remember I went and I kicked a hole in my wall in my apartment because I was just so angry.

Speaker 3 I

Speaker 5 think I really hated Jorge Benvenuto when it was like a cancer spreading through my whole body.

Speaker 5 I wanted to hurt him.

Speaker 5 I wanted to hurt him like he had hurt Zach.

Speaker 13 Well, it was pretty obvious that the SNARS thought the appropriate sentence was the death penalty.

Speaker 13 And they made that very clear to us.

Speaker 5 Bob Stott Stott came in our home and I just looked at him and I said, killing.

Speaker 13 We understood that and we told them, of course, that that's what our goal was. Our object was to seek the most appropriate punishment.

Speaker 13 We certainly felt that the death penalty would be an appropriate punishment. We were going after that.

Speaker 4 I always knew I would have to testify at some point.

Speaker 4 And it scared me to get ready for it.

Speaker 4 But there's no way you can really prepare to be in the same room as the man who shot you.

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Speaker 15 Hey there, we're Corinne Vienne and Sabrina DeAnaroga here to introduce our newest podcast, Crimes of, a Crime House Original.

Speaker 12 Crimes of is a weekly series that explores a new theme each season, from Crimes Crimes of the Paranormal, Unsolved Murders, and more.

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Speaker 5 I will never, ever forget that day in court.

Speaker 5 Just knowing I was going to see Jorge Benvenuto for the first time

Speaker 5 scared me to death.

Speaker 4 At the beginning of the case,

Speaker 4 we had a preliminary hearing, which is like a mini-trial, and that's where I had to testify.

Speaker 4 The courtroom was

Speaker 5 When they brought him into the courtroom,

Speaker 5 I just

Speaker 5 felt like he sucked the air right out of there. Kind of.
It's like, I'm looking at the person who murdered my son.

Speaker 5 He didn't look at us.

Speaker 5 And I was like, look at me, you know, look at me.

Speaker 5 This boy had a mother. This boy had a family who loved him.

Speaker 5 and he just didn't even look at us.

Speaker 5 When I saw him in the courtroom, I realized

Speaker 5 he has no soul.

Speaker 5 And he stood there and pleaded not guilty.

Speaker 3 I

Speaker 4 don't remember actually walking to the stand,

Speaker 4 but I do remember sitting there and having to point him out

Speaker 4 and lifting my finger. And I remember watching my finger and it just shook while I'm pointing at him that this is the man who did it.

Speaker 5 She looked so afraid. And she was trying so hard to be brave.
I was amazed that she could get up there and look at him after what he had done to her, but she did it. She did it.

Speaker 4 I imagined a lot what Zach would have done.

Speaker 4 And he would have been so strong and so brave during it.

Speaker 4 And so I just tried to be as strong as Zach would have been.

Speaker 6 Afterwards,

Speaker 5 she just fell and she was just sobbing.

Speaker 6 I wanted him to get the death penalty.

Speaker 6 Like he didn't have the right to live.

Speaker 13 We were ready to go to trial. We were ready to ask for the death penalty.
We had a good case. This is the kind of case that we would have won.

Speaker 13 But on the other hand, it's a very difficult process. We have to convince the jury beyond a reasonable doubt.
12 jurors, even if one disagrees, the death penalty is not given.

Speaker 13 And there will be countless appeals, countless habeas corpuses. They'll have to appear at different hearings.
They'll see it in the newspaper. They'll see it on television.

Speaker 16 Benvenuto said he shot them because he wanted to see what it felt like to watch them die.

Speaker 13 And it won't be over for another 20 to 25 years.

Speaker 5 Jorge did not want to die.

Speaker 5 That is why Jorge Benvenuto decided to ask for a plea bargain. He would accept a sentence of life without possibility of parole if he was not given the death penalty in a trial.

Speaker 6 My family was very torn about it.

Speaker 6 Would it be giving up on Zach if we took this plea bargain?

Speaker 6 At the time there was an execution going on in Texas.

Speaker 6 And I remember that the crime had happened 20 years before.

Speaker 6 But these protesters were protesting the fact that they were going to, you know, end his life and that he had changed his life and that he was truly sorry.

Speaker 6 And I remember just thinking, I don't want that to happen to Zach. I don't want 20 years from now protesters out there talking about what a great person Jorge Ben Benudo is.

Speaker 6 I couldn't stomach the thought.

Speaker 6 And so that's why we as a family decided to take the plea bargain.

Speaker 5 I know a lot of people were really shocked the fact that we plea bargained.

Speaker 5 It was on talk radio, we had phone calls, the media, why would you do this? I said, I do not want my son's trial turned into a freak show. He deserves more dignity than that.

Speaker 4 Having him just spend the rest of his life in prison is fine with me.

Speaker 4 And I can just know he's there in prison forever.

Speaker 11 High drama in a Utah courtroom today as a killer is sent to prison for life without parole.

Speaker 17 George Benvenuto killed a teenage boy and injured his friend before the jury.

Speaker 5 It's like finally, it was really over.

Speaker 4 When we walked out of the courtroom the day the man that shot us, the day he was sentenced, I was sure I was never going to see him again.

Speaker 4 I was never going to have to be in the same room as him again.

Speaker 4 And then the man that shot us filed an appeal that said he was depressed when he made that deal. And because he was depressed when he made that deal, he should get out of it.

Speaker 4 I remember thinking, of all the people to claim you're depressed and you should get out of consequences,

Speaker 4 how dare you?

Speaker 5 The good thing about the appeal is I got to make a victim statement and I wanted

Speaker 5 Jorge Benvenuto to hear me. I wanted him to know what he had done to us.
And I turned right to him and looked at him and I said, Jorge, what was it like watching someone die?

Speaker 5 And I just stopped and waited and he looked up at me for one brief second and then dropped his head again. That is the only time he's looked at me.
And then I said, was it worth it?

Speaker 5 I didn't get an answer. Surprise, surprise.

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Speaker 5 It was like being kicked in the stomach so hard. It's just indescribable how that felt.

Speaker 5 I could not believe that he could do that to us again.

Speaker 4 I know the name of the man who shot me and who killed Zach,

Speaker 4 but I don't say it out loud. I refuse to give him that power or respect.

Speaker 4 And I've never said his name out loud, and I never will.

Speaker 4 I've had five operations total.

Speaker 4 It took about three years for me to officially be out of hospitals.

Speaker 4 The most painful part has actually been the nerve damage. To not have sensation on the right side of my body can be really painful sometimes.

Speaker 4 I would much rather have a surgery every other week than have to feel the survivor's guilt.

Speaker 5 I would go over to the cemetery and there would be the sweetest notes and little things on Zach's grave from Yvette and you could read her pain, that she felt so guilty for having survived.

Speaker 5 I didn't want to intrude. I didn't want to force her to be part of our lives.

Speaker 5 I thought maybe it was too painful for her, but I really wanted her in my life, and my whole family felt this bond towards her. Whenever I'm with her, I think

Speaker 5 you were with my son, and he was happy that night with you.

Speaker 4 Isai is the most

Speaker 4 consistently loving person that I could ever ask for in my life.

Speaker 4 And she's a person that knows how I feel.

Speaker 4 I feel selfish about it, but I really value when she tells me that she's happy that I'm here.

Speaker 4 I don't deserve it,

Speaker 4 But I appreciate it a lot.

Speaker 4 I tried for so long to be that girl I was when I was 18.

Speaker 4 And it was actually my mom who finally one day said, You know, you're gonna just need to mourn the Yvette you were.

Speaker 4 She's gone.

Speaker 4 And you won't ever be her again.

Speaker 4 But you have the chance to be someone a lot different and a lot better.

Speaker 11 Speaking of baseball, speaking of baseball.

Speaker 4 I went to college to be a news anchor.

Speaker 11 Are you still recording?

Speaker 4 And I thought that was going to be my happy ever after.

Speaker 4 But after the shooting and going through the court process, I realized that the law is where a lot of good can happen for people.

Speaker 4 and I decided to go to law school and am now able to help people in the law side of the criminal justice system.

Speaker 4 I work entirely with victims of crime and while I don't tell my story with them and they don't know what's happened to me,

Speaker 4 I do feel like I'm able to give them a sense of compassion that maybe other people can't and that means the world to me.

Speaker 4 What's your favorite part on a horse? I'm 32 years old. I have a darling seven-year-old daughter.

Speaker 4 I was married at one point, and my ex-husband and I tried really hard to have that work, and it didn't, unfortunately.

Speaker 4 But he is the father of my daughter, and together I think we're raising a pretty good kid. So

Speaker 4 I feel really lucky in my life.

Speaker 6 I miss Zach, and I think about him all the time, like all the time.

Speaker 6 But I don't dwell on his death anymore. I dwell on his life.

Speaker 6 I have three children. My oldest is Zachary Taylor Davis.
I wanted to name him after Zach.

Speaker 6 Sometimes it just brings tears to my eyes because, you know, not only is he named after him, but I think he looks a lot like him.

Speaker 5 Every time I look at the moon, I think of Zachary.

Speaker 5 He's the man in the moon to me, and I can never look at the full moon without thinking of that night that he saw the beauty in that full moon.

Speaker 4 It's been 14 years since I was with Zach last

Speaker 4 and

Speaker 4 I think of him every single day.

Speaker 4 I

Speaker 4 can imagine his laugh.

Speaker 4 I would love to see him again and just run to him and hug him.

Speaker 4 And it's interesting. I think

Speaker 4 I want to say, wasn't that night so scary?

Speaker 4 And have him look at me and say yeah

Speaker 4 it was

Speaker 4 and he would know what I was talking about.

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