Byers, from Great Falls, lived in the same residence hall in Bozeman as did the two victims: James Clevenger, of Billings, Mont., and Brian Boeder, of Plymouth, Minn. They, like Byers, were 19 and freshmen at MSU.
On May 15, 1990, Byers burst into Boeder’s room shortly after 2 a.m. and opened fire with a sawed-off shotgun. Clevenger and Boeder were both struck twice and died within hours. Byers was arrested a few hours later when he crashed his truck during a high-speed pursuit.
The jury convicted Byers of two counts of deliberate homicide and of using a firearm to commit the crime. Gallatin County Attorney Mike Salvagni, who is now a district judge in Bozeman, sought two consecutive life sentences.
Byers’ attorneys, who argued at trial that Byers suffered a mental illness, asked that Byers be committed to a state hospital for concurrent terms of 50 years each on the murder convictions, with 25 years suspended.
Judge Frank Davis imposed consecutive 75-year prison sentences for the two murders, and added 15 years for the firearms charge, for a total of 165 years.
The parents of James Clevenger, Jim and Debbie Clevenger of Billings, will deliver to the Parole Board letters from their son’s many friends and relatives opposing parole for Byers.
Brian Boeder’s father, John Boeder, who lives in Minnesota, said his family has also prepared letters to submit to the parole board, although they will not be able to attend the hearing at the Crossroads Correctional Center in Shelby, where Byers is imprisoned.
“I hope the board will look at the crime and think about the sentences he was given,” John Boeder said in a telephone interview. “I certainly don’t feel he’s served the penalty he should.”
The Clevengers said they are preparing to speak at the hearing, the first time they have had an opportunity to address Byers directly. They said they were not allowed to speak at Byers’ sentencing in 1991.
“I don’t know how I’m going to get through addressing the board, telling them what I lost and what it’s done to our life,” Debbie Clevenger said. “It’s not easy, but it’s something you’ve got to do. We are going to be his voice. We are going to be able to speak for our son, finally.”
Gallatin County Attorney Marty Lambert, who as a deputy prosecutor worked on Byers trial with Salvagni, said he will attend the hearing Monday to oppose Byers’ parole, and he will also deliver a letter from Salvagni to the Parole Board.
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