Estimated read time: 4-5 minutes
- Perry Maryboy, 61, pleaded guilty to fatally shooting Antonio Montowine in 2018.
- Maryboy's murder conviction was overturned; he was sentenced to 15 years prison.
- The Tenth Circuit Court found trial errors, leading to a reduced sentence.
ST. GEORGE — A San Juan County man whose murder conviction was overturned received a lesser sentence after pleading guilty to fatally shooting a man in 2018.
Perry Maryboy, 61, of Bluff, San Juan County, was initially convicted in May 2023 by a federal jury of murder in the second degree, while within Indian Country, as well as use, carry and discharge of a firearm during and in relation to a crime of violence.
Maryboy was charged in federal court in December 2018 after fatally shooting Antonio Montowine, 31, in April 2018. Both Maryboy and Montowine are members of the Navajo Nation.
Montowine, his wife and their 7-year-old son were in their van looking for a lost pet on their family property on the Navajo Reservation about 2½ miles from state Route 191 south of Bluff when they drove by Maryboy, who was parked on the side of the road.
Court documents allege that Maryboy escalated an argument with Montowine after he told Maryboy to leave the area. Maryboy exited his truck, grabbed a revolver and fired two shots. Both shots were intended as warning shots, but the second shot struck Montowine in the back of the head, according to prosecutors. Montowine died at the scene in front of his family. Maryboy was arrested a few months later after cellphone records placed him at the scene of the crime.
In August 2023, Maryboy was sentenced to 15 years in prison for the murder charge and a consecutive 10-year term for the firearm charge, plus four years of probation.
Maryboy appealed the conviction and sentence, however, arguing that it should've been involuntary manslaughter, not murder in the second degree, for which he was convicted. In May, the Tenth Circuit Court of Appeals reversed the lower court's decision, stating that "two errors in the trial court" may have led the jury to convict Maryboy in error.
Maryboy argued that the two errors stemmed from the government's expert witness, who "improperly opined" on his mental state, and from the court's failure to instruct the jury properly on imperfect self-defense, court documents state.
During the trial, Montowine's wife testified her husband stayed calm throughout the interaction with Maryboy, but Maryboy claimed Montowine had a "crazy look in his eyes" and screamed expletives at him, the appeals court stated in its opinion.
Maryboy testified he prematurely fired the second warning shot as he was raising his gun in the air, and that during the interaction, he feared for his life but never intended to shoot Montowine, the court opinion said.
The appeals court determined the prosecution did not present overwhelming evidence of it being an intentional shooting, saying "there is a fine line between second-degree murder and involuntary manslaughter." Sentencing guidelines for the two charges also differ drastically, the court noted, with manslaughter being only up to three years, but terms for second-degree murder ranging from 10 years to life in prison.
"The trial violated Maryboy's rights under the Due Process Clause by not requiring the government to prove each element of second-degree murder beyond a reasonable doubt. This, combined with the significant effect on sentencing discussed above, seriously affects the fairness and integrity of Maryboy's trial. So we reverse," the court concluded.
In a sentencing memorandum submitted by Maryboy's attorneys, the defense argued for a 15-year prison sentence in exchange for pleading guilty to the two charges, despite their argument that he only committed involuntary manslaughter.
"The proposed sentence avoids the risks associated with a retrial, it considers Maryboy's characteristics, as well as the need for specific deterrence and community safety," the memorandum states.
"A 15-year sentence, however, while a substantial downward variance, is significantly longer than a sentence for a lesser offense, a potential trial outcome. Considering also that Maryboy is 61 years old and that he has significant health issues, including a recent suspected heart attack, 15 years imprisonment is a significant retribution, which promotes respect for the law," the memorandum said.
On Monday, Maryboy pleaded guilty to the same charges for which he was initially convicted, according to the U.S. Attorney's Office for Utah. He was then sentenced by U.S. District Court Judge Robert J. Shelby to 15 years' imprisonment, followed by two years of probation.
"What began as a confrontation escalated into a senseless act of violence," said Special Agent in Charge Robert Bohls of the FBI Salt Lake City Field Office. "The consequences of that choice will be carried by the victim's family and loved ones for years to come. Our community is safer with this offender in prison."
