PORT ANGELES — Colorado fugitive Lance Hering likely would be turned over to federal authorities if he posts bail in Clallam County, Superior Court Judge Ken Williams said in a short status hearing Wednesday.
He was wanted on a probation violation in a 2004 attempted- burglary case in Boulder, Colo.
The lance corporal from Boulder — who faked his disappearance two years ago — also could face a Marine Corps court-martial for desertion. No bail has been set on the military charge, which is a class C felony.
Williams said it was his understanding that the Marine Corps would be notified if and when Hering posts bail.
Port Angeles attorney Karen Unger, who is representing Hering in Port Angeles, requested the hearing to clarify what happens if her client posts bail.
“If he did [post bail], he would be released by this county,” Williams explained. “He would then have the federal hold.”
Williams could not answer Unger’s question about how quickly Hering would be taken into federal custody.
The judge said the case would continue in Clallam County if Hering doesn’t post bail.
Hering’s next court hearing was set for Dec. 5.
Alexander Garlin, a Colorado attorney representing Hering in the Boulder charges told KUSA-TV in Denver that Hering prefers to deal with the military first.
“Lance Hering would prefer to face the military consequences first,” said Garlin, who heard the Clallam County Superior Court proceedings on the telephone.
“He is a Marine and not a civilian,” the television station quoted Garlin as saying.
“Once he has satisfied those obligations, he wants to answer to the charges in Boulder at that time, mostly likely, as a civilian.”
Cmdr. Phil West, spokesman for the Boulder County Sheriff’s Department told the television station, “There has been no final decision made as to who gets to prosecute Lance Hering first. The decision could be made in the next couple of days.”
Hering has said he would fight extradition. Colorado Gov. Bill Ritter must request extradition from Gov. Chris Gregoire.
As of Tuesday, Gregoire’s office had received no extradition request from Colorado.
Although he unknown to most in the Pacific Northwest, Hering, 23, carries a high-profile in Colorado.
He set off the largest search investigation in Boulder County history when he disappeared on Aug. 30, 2006.
A friend told investigators that Hering had hurt himself while the two were rock climbing at Eldorado Canyon State Park, near Boulder.
About 600 people searched the area for five days. Blood found at the scene of the alleged climbing accident was found to belong to Hering’s friend, Scott Powers.
About 600 people searched the area for five days. Blood found at the scene of the alleged climbing accident was found to belong to Hering’s friend, Scott Powers.
Acting on a tip from the Boulder County Sheriff’s Office, Port Angeles police arrested Hering and his father, Lloyd Hering, 60, as they prepared to leave the Port Angeles airport in a rented Cessna on Sunday.
According to the official arrest affidavit, the elder Hering planned to fly his son to a psychiatrist in Virginia and an attorney in Texas before Lance Hering turned himself in to Camp Pendleton.
Lance Hering was stationed at Camp Pendleton, on leave, at the time of his disappearance. The 6-foot-1, lanky Iraq veteran has since grown his hair past his shoulders.
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Reporter Rob Ollikainen can be reached at 360-417-3537 or at rob.ollikainen@peninsuladailynews.com.
