Vader Woman’s Sentencing Delayed in Death of Boy, 3

Posted

A sentencing hearing has again been delayed for a woman who pleaded guilty to first-degree manslaughter in the death of Vader toddler Jasper Henderling-Warner.

Brenda Wing, 28, was scheduled to be sentenced in Lewis County Superior Court Friday. Her new sentencing date is 1:30 p.m. on Dec. 16.

The sentencing was delayed after her attorney, John Crowley, of Seattle, argued that Wing should have a new polygraph test. Her plea agreement with the Lewis County Prosecutor’s Office stated that she must give complete statements about Henderling-Warner’s death, verified by a polygraph tests. Her first was inconclusive and she failed a second.

“The only reason I’m doing this is the stakes are high here,” said Superior Court Judge Nelson Hunt, as he agreed to delay the sentencing. “I’m sorry for the number of people who were here to watch this.”

Nicole Warner, Jasper’s biological mother, said she was frustrated at the delay.

“Justice needs to be served,” she said.

Prosecutor Jonathan Meyer said the delay was not unexpected.

“We’d like to have closure on the case, but at the same time we want to minimize issues that can come up on appeal,” he said.

Brenda Wing accepted a plea agreement this spring, admitting to first-degree manslaughter, third-degree assault of a child, two counts of possession of heroin and two counts of witness tampering.

Prosecutors allowed both Brenda and her husband Danny Wing to plead guilty in exchange for truthful and complete statements about Henderling-Warner’s death.

As it did with Danny Wing at his sentencing hearing on Sept. 25., the prosecution argued that Brenda Wing did not satisfy the terms of the agreement that allowed her to plead guilty to first-degree manslaughter. Danny Wing was sentenced to more than 34 years in prison after the prosecution argued that his failure to live up to his end of the agreement meant the state could seek a sentence higher than the standard 12 to 16 years offered in the plea agreement.

“She was required when she gave us her initial proffer agreement to give us a complete and truthful statement — we now know that didn’t happen,” Deputy Prosecutor Will Halstead said.

The Lewis County Prosecutor’s Office filed memorandums in September asking a judge to find both Danny and Brenda Wing in violation of their plea agreements..

While Brenda Wing’s first test was inconclusive, according to court documents she later admitted to lying during the test to the polygraph examiner and in a recorded phone call from the jail. She failed a second polygraph.

The Wings started abusing Jasper after a family trip to the beach in Oregon. At some point, Brenda Wing told Danny she saw Jasper put his hand over their baby’s mouth and nose.

Danny Wing started hitting Jasper, injuring his lip and nose. The abuse didn’t stop for two months, until Jasper died.

Brenda Wing admitted after her polygraph test that she made up the story about Jasper and the baby.

On Friday, Crowley said that Wing’s statements about making up the story was due to her “guilty conscience,” but was speculation, and not a material fact.

According to court documents, Danny Wing failed his polygraph test administered by the Washington State Patrol on Sept. 9 and gave information during a pre-test interview that conflicted with his earlier statements.

Crowley argued that Brenda Wing should not be found in violation of the agreement because her polygraph was inconclusive. She failed a second polygraph. He said the prosecution didn’t provide enough evidence that she lied in statement.

Crowley also argued that the state’s first polygraph test didn’t follow the terms of the agreement, because the agreement requires a “licensed” polygrapher, and Washington does not license polygraphers. Danny Wing’s attorney, Todd Pascoe raised the same argument in his sentencing. In that hearing, Judge Nelson Hunt ruled that the polygraph tests did not meet the requirements of the agreement, but Danny Wing insisted that he failed the tests and wanted to be sentenced.

However, Brenda Wing’s second test was done by a certified polygrapher from Oregon, which does follow the terms of the agreement.

Hunt said he did not believe the prosecution violated the agreement, and instead planned to find Wing in violation as the prosecution asked. He gave Crowley the option of proceeding to sentencing or ordering another polygraph test.