Mugshot: Toby Payne, 32

A picture of George Benner with his nephew Damien Oglesby.

Murder for hire leads to prison

Toby Payne sentenced to life without parole

Updated: Friday, 15 May 2009, 12:25 PM EDT
Published : Thursday, 14 May 2009, 4:18 PM EDT

NOBLESVILLE, Ind - An Indianapolis man is sentenced to life in prison without parole for his role in the death of his estranged wife and her boyfriend from Benton County.

Toby Payne, 32,  pleaded guilty to two counts of murder. Hamilton County Superior Court Judge Steve Nation ordered Payne to serve two life sentences for murder, plus 50 years for Conspiracy to Commit Murder and three years for Stalking.

Hamilton County Police said  Payne hired two men, who he met in the Boone County jail, to kill his estranged wife.  Rebecca Payne and George Benner of Fowler were shot in April 2007 at her house near Carmel.

Juan Lucio of Frankfort and another man from Zionsville were sentenced to life in prison without parole for their part in the murders. Hamilton County Prosecutor Sonia Leerkamp said Payne was not in the car or at the murder scene. Payne was arrested days after the April 2007 shooting at his parents home in Covington, Indiana.

Leerkamp said he hired the two men to kill Rebecca Payne. She said Payne promised he would give Lucio her $100,000 life insurance policy. That policy was never redeemed.

Shortly after the murder, Benner's aunt said George was the oldest of 6 brothers and sisters, and always put family first. The 1990 Benton Central graduate volunteered for Abate and the Relay for Life. After graduating from Purdue in 1996 he kept close ties to Lafayette, volunteering at Saint Ann's Soup kitchen.

Click here to see the complete statement George Benner's mother submitted to the judge.

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