Robert Gattis had asked the board to recommend that the Democratic governor commute his sentence to life in prison without parole.
A person with direct knowledge of the decision, who spoke on condition of anonymity because the decision hadn't been released, said the board voted in favor of commutation. However, Markell has the final word.
Gattis has exhausted court appeals. His lawyers argued commutation was appropriate because the courts never considered sexual abuse Gattis says he suffered as a child.
Prosecutors questioned the veracity of the abuse claims, and noted Gattis maintained until recently that Shirley Slay's death was accidental.
