Port Angeles man pleads guilty to first-degree murder, kidnapping in deal to dismiss additional charges

Gary Borneman (Peninsula Daily News)

Gary Borneman (Peninsula Daily News)

PORT ANGELES — A Port Angeles man pleaded guilty Wednesday to the October murder of Jerry Howell and kidnapping of Rebecca Messinger.

Clallam County Superior Court Judge Christopher Melly accepted Gary Carl Borneman’s guilty pleas to charges of first-degree murder with a firearm enhancement and first-degree kidnapping.

Borneman, 40, will be sentenced at 9 a.m. April 1.

In exchange for the guilty plea, the Clallam County Prosecuting Attorney’s Office dismissed additional counts 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 were filed with firearm enhancements.

As part of the plea deal, domestic violence and firearm enhancements were dropped from the kidnapping charge.

Chief Criminal Deputy Prosecuting Attorney John Troberg recommended a prison sentence of 30 years, 10 months to be followed by three years of community custody and other obligations.

Restitution will be determined later.

Melly, who is not bound by the state’s sentencing recommendation, determined that Borneman entered the pleas “willingly, intelligently and voluntarily” with assistance from defense attorney John Hayden.

First-degree murder carries a mandatory minimum sentence of 20 years. The firearm enhancement adds at least five more years to the prison term.

Borneman kidnapped Messinger at gunpoint and shot Howell to death at a Port Angeles residence last Oct. 7.

Borneman ordered Messinger to drive to the West 11th Street home she shared with Howell, tied his ex-girlfriend to the driver’s seat and shot the 40-year-old Howell with a 22.-caliber pistol, police said.

Messinger escaped from the vehicle and phoned 9-1-1 while hiding behind the house.

Troberg said he made the plea offer after consulting with Howell’s family.

Several of Howell’s friends and family wrote letters to the court asking Melly to reject a plea offer.

Melly said charging decisions are made by the prosecuting attorney, not judges.

“The court doesn’t have any control over that,” he said.

“That’s a separate branch of government. What the court does is interpret the law.”

After the hearing, Troberg said the family “wasn’t particularly happy” with the plea offer.

“We look at the evidence and look at what we think we can prove,” he added.

Troberg said the agreement was just because it ensures Borneman will be in prison for at least 25 years and removes the possibility of a lengthy appeal.

“It would have been a major trial,” Troberg said.

“It was a fairly gruesome murder.”

If the court follows Troberg’s recommended sentence, Borneman would be released in 2045 at age 70.

“It seemed like a reasonable, if not perfect, outcome,” Troberg said.

________

Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 5072, or at rollikainen@peninsuladailynews.com.

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