Early on, defendant in Monroe correction officer’s murder was seen as a risk to female prison employees

  • By Scott North, Diana Hefley and Eric Stevick Herald Writers
  • Sunday, March 6, 2011 12:01am
  • Local News

MONROE — Not long after he arrived at the Monroe prison complex nearly a decade ago, Byron Scherf was the focus of state corrections department warnings that today read like terrible prophecy.

The convicted rapist, now charged with the Jan. 29 strangling of Monroe corrections officer Jayme Biendl, was then about four years into serving a life sentence without possibility of release. He was being closely watched after threatening to kill himself over the conditions of his confinement.

“Staff are concerned that his next victim could be a staff person,” one corrections worker wrote June 1, 2001, in the running log state prison officials have kept on Scherf’s behavior since the mid-1990s.

Another log entry from that period probed Scherf’s mental problems, and the risk he appeared to pose behind bars.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Scherf “will likely be a ‘model inmate’ but he will always be a danger to female staff and, as he agreed, we cannot know if he is having (rape) fantasies or problems; there are no outward signs.

“At this time (Scherf) is completely appropriate, friendly, patient and polite,” the log entry continued. “It is also these traits that could make him such a risk in the future as he is so agreeable. His positive actions and attitude should be encouraged, but he should always be seen as potentially predatory and dangerous.”

Scherf is charged with aggravated murder and could face the death penalty for Biendl’s slaying. The inmate allegedly has admitted killing the corrections officer while she worked alone at the prison chapel, a place where he had volunteered for years.

Corrections Secretary Eldon Vail last week said he’s ordered a review across the prison system to see if there are other inmates with violent histories similar to Scherf’s who have found their way into positions of trust.

The state’s prisons house 16,000 offenders. Roughly 1 in 4 are serving sentences of at least 20 years. Among male inmates, 70 percent are locked up for violent crimes.

“The language in Scherf’s case file is not unique to Scherf,” corrections spokesman Chad Lewis said. “You could look at the 16,000 other current inmate case files and find many that are similar to this, some more dangerous. That doesn’t diminish the safety concerns … When we say our staff members have a hard, dangerous job this is exactly what we are talking about — cases like this.”

There are 3,700 corrections officers statewide. With so many more inmates than officers, order in the state’s prisons is maintained in part by rewarding offenders’ good behavior with increased opportunities for work and social interaction.

In the months to come, the prison system’s history with Scherf will be closely scrutinized in a series of separate investigations involving police detectives, labor officials and corrections experts. A three-person team from the National Institute of Corrections, an arm of the U.S. Department of Justice, last week began its examination. Results are expected by March 19.

State officials want to know if evaluating offenders more often could help, Vail said. While the crimes that send inmates to prison are considered, their behavior behind bars also weighs heavily in custody decisions.

In Scherf’s case, “Some madman studied the system and figured out how to take advantage of it,” Vail said. “We got beat, and we got beat bad.”

Predicting human behavior is part of the job, but so is recognizing limits, Vail said. Trying to determine what is going on in inmate’s head is “not like doing an X-ray to see who has a broken leg,” he said.

The Herald used public records laws to obtain access to some of Scherf’s prison records.

Except for his 2001 suicide attempt, he was infraction-free over the past decade. His behavior was so good that he qualified for conjugal visits with his wife, the last in December.

The latest entries in Scherf’s prison behavior log provide no hint that officials were worried that an attack was being planned.

That wasn’t the case a decade ago.

In summer 2001, Scherf underwent a detailed risk assessment. Prison officials warned that he was dangerous, cunning and a planner.

Part of that review included a close examination of the crimes that sent him to prison, including a 1995 rape and kidnapping of a real estate agent near Spokane and an attack on a Pierce County woman in 1981.

In the 1981 case, Scherf abducted a waitress, took her to an abandoned house, tied her up and sexually assaulted her. Before leaving, he poured gasoline on the woman and set her afire. She survived after managing to wriggle out of a second-story window to get help.

The 2001 risk assessment noted that Scherf admitted he planned the 1981 Pierce County rape while serving time in prison, and that it “had been a sustained fantasy throughout his incarceration and parole.”

Scherf first was imprisoned in 1978, when he was 19, after he pleaded guilty to attacking a 16-year-old girl with a knife. He and a couple friends picked up the girl as she hitchhiked in Tacoma.

Prosecutors said Scherf intended to rape the girl, a motive he didn’t admit until 1994, corrections department records show. He served part of his sentence for that attack in Monroe.

His first arrests came when he was 12 or 13 for running away from home. The reports described Scherf recounting a tumultuous relationship with his parents.

“I wanted my own way. I manipulated for I what I wanted,” he said.

The 2001 report said Scherf was unhappy with having earlier been classified as a sufficient threat behind bars that he required close-custody supervision.

While prison records released so far contain redactions, they connect Scherf’s suicide threats with his demands for less restrictions. The report also noted that as of 2001, Scherf had “no real remorse for his crimes or legitimate empathy for his crime victims. His supreme concern appears to be his own well-being and he focuses on talking about his problems to the exclusion of discussion regarding the problems his behaviors have caused others.”

Prison officials moved Scherf to medium-security custody in 2002. The reports released so far don’t detail all the factors that were considered.

Determining what happened, and identifying ways to improve the process, are the reasons prison officials are seeking multiple reviews, Lewis said.

Meanwhile, Scherf remains under lock and key at the Snohomish County Jail. He allegedly has said he attacked Biendl out of anger, not for sex. She injured him while fighting for her life. Detectives say there were no obvious signs of a sex assault.

Snohomish County Prosecuting Attorney Mark Roe has given Scherf’s defense attorneys until Monday to provide information they want Roe to consider before he decides whether to seek the death penalty.

Scherf’s attorneys already have said they won’t be able to meet the deadline. A day before Scherf was charged with aggravated murder they filed a civil lawsuit, asking a judge to order prosecutors to give them more time. They also asked for an injunction to bar Roe from swiftly filing a notice to seek the death penalty.

It’s unclear if Scherf’s attorneys will pursue a civil case now that criminal charges are filed.

Prosecutors have until Friday to re-file in Superior Court. Scherf could be arraigned as early as March 15.

Roe plans to meet with his senior deputy prosecutors to discuss whether to seek Scherf’s death. He has met with Biendl’s family. They are in favor of a death sentence for Scherf.

The defendant also reportedly says he deserves to die.

Scott North, 425-339-3431, north@heraldnet.com

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Vehicles travel along Mukilteo Speedway on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
Mukilteo cameras go live to curb speeding on Speedway

Starting Friday, an automated traffic camera system will cover four blocks of Mukilteo Speedway. A 30-day warning period is in place.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

Students from Explorer Middle School gather Wednesday around a makeshift memorial for Emiliano “Emi” Munoz, who died Monday, May 5, after an electric bicycle accident in south Everett. (Aspen Anderson / The Herald)
Community and classmates mourn death of 13-year-old in bicycle accident

Emiliano “Emi” Munoz died from his injuries three days after colliding with a braided cable.

Danny Burgess, left, and Sandy Weakland, right, carefully pull out benthic organisms from sediment samples on Thursday, May 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Got Mud?’ Researchers monitor the health of the Puget Sound

For the next few weeks, the state’s marine monitoring team will collect sediment and organism samples across Puget Sound

Everett postal workers gather for a portrait to advertise the Stamp Out Hunger Food Drive on Wednesday, May 7, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County letter carriers prepare for food drive this Saturday

The largest single-day food drive in the country comes at an uncertain time for federal food bank funding.

Everett
Everett considers ordinance to require more apprentice labor

It would require apprentices to work 15% of the total labor hours for construction or renovation on most city projects over $1 million.

A person walks past Laura Haddad’s “Cloud” sculpture before boarding a Link car on Monday, Oct. 14, 2024 in SeaTac, Washington. (Olivia Vanni / The Herald)
Sound Transit seeks input on Everett bike, pedestrian improvements

The transit agency is looking for feedback about infrastructure improvements around new light rail stations.

A standard jet fuel, left, burns with extensive smoke output while a 50 percent SAF drop-in jet fuel, right, puts off less smoke during a demonstration of the difference in fuel emissions on Tuesday, March 28, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Sustainable aviation fuel center gets funding boost

A planned research and development center focused on sustainable aviation… Continue reading

Dani Mundell, the athletic director at Everett Public Schools, at Everett Memorial Stadium on Wednesday, May 14, 2025 in Everett, Washington. (Will Geschke / The Herald)
Everett Public Schools to launch girls flag football as varsity sport

The first season will take place in the 2025-26 school year during the winter.

Clothing Optional performs at the Fisherman's Village Music Festival on Thursday, May 15 in Everett, Washington. (Will Geschke / The Herald)
Everett gets its fill of music at Fisherman’s Village

The annual downtown music festival began Thursday and will continue until the early hours of Sunday.

Seen here are the blue pens Gov. Bob Ferguson uses to sign bills. Companies and other interest groups are hoping he’ll opt for red veto ink on a range of tax bills. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Tesla, Netflix, Philip Morris among those pushing WA governor for tax vetoes

Gov. Bob Ferguson is getting lots of requests to reject new taxes ahead of a Tuesday deadline for him to act on bills.

Jerry Cornfield / Washington State Standard
A new law in Washington will assure students are offered special education services until they are 22. State Sen. Adrian Cortes, D-Battle Ground, a special education teacher, was the sponsor. He spoke of the need for increased funding and support for public schools at a February rally of educators, parents and students at the Washington state Capitol.
Washington will offer special education to students longer under new law

A new law triggered by a lawsuit will ensure public school students… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.