By Peninsula Daily News news services
EDITOR’S NOTE — Click to read the probable cause documents in this case — (click on FULL SCREEN mode) — http://issuu.com/PeninsulaDailyNews/docs/2014320017?mode=embed&layout=http%3A%2F%2Fskin.issuu.com%2Fv%2Flight%2Flayout.xml&showFlipBtn=true
EVERETT — Prosecutors filed an aggravated murder charge Thursday against a Washington prison inmate accused of strangling a state corrections officer at the Monroe Correctional Complex.
The filing in Everett District Court came as a newly released court document quoted Byron Scherf as saying he deserves to die for killing Officer Jayme Biendl.
Snohomish County prosecutors have until March 11 to refile the aggravated murder charge in Superior Court.
Prosecutor Mark Roe said he is giving Scherf’s lawyers until March 7 to provide any information they want him to consider before he decides whether to seek the death penalty.
In Washington state, aggravated murder is punishable either by death or life in prison without parole.
Scherf is already serving life without parole for three attacks on women.
In earlier court papers, detectives say Scherf, 52, confessed to killing the 34-year-old Biendl on Jan. 29 in the prison chapel, saying he was angry with the way she spoke to him minutes earlier.
In the probable cause affidavit released Thursday, detectives said they asked Scherf earlier this month what he thought an appropriate punishment would be.
“I took her life and I think I should forfeit mine,” he is quoted as replying.
They asked him to clarify what he meant.
“I think the prosecutors should charge aggravated first-degree murder and go for the death penalty,” Scherf replied, adding:
“If I get a life sentence and she’s (dead) then there’s no punishment attached to it because I already have a life sentence.”
Scherf lawyer Neal Friedman said he had no comment on his client’s reported statement.
During a hearing Thursday in Everett, District Court, Judge Roger Fisher found probable cause to hold Scherf on the murder accusation.
Roe said he met last week with Biendl’s relatives, who told him they hope Scherf, if convicted, will get the death penalty.
“Their wishes are part of what I will consider,” Roe said in a statement.
According to the earlier document, Scherf said he waited until other inmates left the chapel, then attacked Biendl from behind.
He said he fought with her for three or four minutes, with Biendl trying unsuccessfully to radio for help.
Scherf said Biendl bit and scratched him and stomped on his foot trying to get free.
They wound up on the ground and he used a cable from an amplifier to fatally choke her, he reportedly told detectives.
Scherf volunteered at the chapel where he worked as a janitor and clerk.
