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Death Penalty Sought in Corrections Officer Killing
By KING 5 News, NWCN.com
Published: 03/16/2011

EVERETT, Wash. - Snohomish County Prosecutor Mark Roe will seek the death penalty against the inmate accused of killing Corrections Officer Jayme Biendl in a prison chapel.

Fifty-two-year-old Byron Scherf was already serving a life prison term before the strangulation death of Biendl on Jan. 29.

"I believe that this community, represented by the people standing behind me and beside me, and ultimately by the jurors who will hear the facts of this case, should have the opportunity of imposing the ultimate punishment if they see fit. This decision gives them that opportunity," said Roe.

Roe said the death penalty will only be imposed if the jury first finds that Scherf is guilty and then decides there are not sufficient mitigating circumstances to merit leniency.

"If a jury finds this defendent guilty of aggravated first degree murder for the killing of Jayme Biendl, I've decided to give them the opportunity to decide what his punishment should be as well," said Roe.

Roe said he met Monday night with Biendl's family and they believe the death penalty should be sought. Roe also said he met with senior prosecutors and considered mitigating information about Scherf.

Scherf is a three-strikes offender sentenced for assault and rape convictions.

The first strike was for a 1978 assault. His second strike was for a 1981 rape in Pierce County in which he kidnapped and assaulted a waitress at an abandoned house. He poured gasoline on the woman and set her on fire but she managed to escape.

Scherf's third strike and life sentence followed his 1997 conviction in Spokane for kidnapping and raping a real estate agent near Spangle.

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