PORT ANGELES — A Port Angeles man was sentenced today to nearly 35 years in prison for the October murder of Jerry Howell and kidnapping of Rebecca Messinger.
Superior Court Judge Christopher Melly issued the sentence for Gary Carl Borneman, 40, in a somber and emotionally charged court hearing.
The 418-month term was 48 months longer than the penalty suggested by the Clallam County Prosecuting Attorney’s Office and defense attorney John Hayden as part of a negotiated plea deal.
Melly said he imposed the longer sentence because Borneman interrupted Messinger as she read a victim impact statement and because Borneman claimed to be a victim of Howell’s assaults and threats before he “brought the fight” to Howell.
After Melly announced the 34-year, 10-month sentence, Borneman made an obscene remark about Howell, drawing jeers from corners of the packed courtroom.
“I should have cut his nuts off and stuffed them in his throat instead,” Borneman said.
Borneman was immediately escorted into a hall by several armed sheriff’s deputies. He returned to sign papers at the conclusion of the two-hour, 15-minute hearing.
Borneman would be 75 when released from prison if he serves the full sentence.
Since he pleaded guilty to first-degree murder with a firearm enhancement and first-degree kidnapping — and given his offender score — Borneman will serve no less than 25 years without the possibility of early release, Chief Criminal Deputy Prosecuting Attorney John Troberg has said.
Borneman was transported today to the Washington Corrections Center in Shelton.
Howell was found shot to death in his Port Angeles residence Oct. 7 after a close-quarters gunfight with Borneman.
Howell, a father and a welder who worked on oil tankers, was 40.
Port Angeles police said Borneman kidnapped Messinger at gunpoint and ordered his ex-girlfriend to drive to the West 11th Street home she shared with Howell.
Borneman tied Messinger to the driver’s seat, saying he had “been planning this for a long time,” according to the arrest narrative.
Armed with a .22-caliber pistol, Borneman kicked in the back door of the house and shot Howell in the neck as the two exchanged gunfire, police said.
After paralyzing Howell with a shot to left cervical vertebrae, an injured Borneman grabbed Howell’s shotgun and fired at Howell’s head from point-blank range, Troberg said.
Meanwhile, Messinger had managed to untie herself from the seat and phoned 9-1-1 while hiding in a grove of bushes near the house.
In exchange for the guilty plea, prosecutors dismissed charges of first-degree burglary, second-degree assault with a deadly weapon, unlawful imprisonment-domestic violence, violation of a domestic violence protection order and second-degree unlawful possession of a firearm.
Those charges and the original kidnapping charge carried firearm enhancements.
“Going to a jury trial, as strong as the case appears to be, is always something of a crapshoot, followed by appeals,” Troberg said at the hearing.
“The advantage to the state is that first, with a 370-month sentence” — the prosecution’s recommended sentence — “there is protection for the community and accountability for this particularly gruesome murder — but also finality.”
Howell’s father, two sisters and Messinger read victim impact statements to the court. Troberg read a statement on behalf of Howell’s daughter.
Family members tried to articulate what Howell meant to them and how his murder has shattered their lives.
Howell’s father, Mike Ryan, gave an impassioned argument for Melly to impose a longer sentence than the recommended 370 months.
A trial would have subjected Borneman to as many as 88 years in prison had he been convicted on all counts, Ryan said.
“The guy you’re about to pass judgment on,” Ryan said, “he gave Jerry a death sentence. He’s given my family a life sentence.”
Under the plea deal, Borneman faced 361 months on the low end and 461 months on the high end of the sentencing range.
“The notion that Mr. Borneman is the beneficiary of some wonderful gift by the government that has forgiven his actions, has slapped him on the wrist, is certainly not accurate,” Hayden said.
“I don’t think most people would say 30-plus years in prison is a slap on the wrist.”
A tearful Messinger was interrupted by Borneman as she expressed her sadness about Howell’s death.
“I loved him more than life itself,” she said.
“Bull—-,” Borneman shouted.
Melly ordered Borneman to be silent.
About two hours later, Melly said there is a significant “catharsis” that goes into reading victim impact statements.
“I think [victims] get a great deal out of it in terms of their psychological repose, for a lack of a better word, by just getting it off their chest in a public forum and in the appropriate forum where those words are meant to be heard,” Melly said.
“And when Ms. Messinger was speaking, she didn’t even get the courtesy of quiet on behalf of her statement.”
“Mr. Borneman interrupted her and with an outburst, using street language at that,” Melly added.
“That has an impact on how the court decides this today.”
Borneman said a jealous Howell twice assaulted him as he maintained civil communications with Messinger in the interest of their shared son.
He said he was threatened by Howell on the day of the shooting.
“I was not going to have him attack me again, and I brought the fight to that man,” Borneman said.
“I kicked his door in and I told him, ‘Come out and fight like a man.’”
Borneman said Howell pointed a shotgun to his face “with the intent and the look in his eye that he was going to pull the trigger.”
“He ended up dead,” Borneman said.
“And it’s a terrible, terrible atrocity for this happen. But to be honest with you — and there is a story that the people in this room deserve and need to know, they deserve to know the truth behind it — is that between he and I, there was one marionette pulling the strings between the two of us, and that’s the sad truth.”
Borneman said all three parties were victims.
“I’m sorry for the loss,” he said.
“This is a tragedy that happened. One man loses his life, and the other man loses his liberty.
“There’s is nothing good that’s come out of this at all. Out of what? Two men’s egos fighting over one woman?”
________
Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 5072, or at rollikainen@peninsuladailynews.com.
