Prosecutor will seek death for Scherf

  • By Diana Hefley
  • Tuesday, March 15, 2011 8:53am
  • Local News

EVERETT — Snohomish County prosecutors will seek the execution of an inmate accused of strangling Monroe corrections officer Jayme Biendl.

Snohomish County Prosecuting Attorney Mark Roe met with Biendl’s family Monday afternoon to share his decision with them. He told reporters on Tuesday that if Byron Scherf is convicted of aggravated murder, prosecutors will ask a jury to sentence him to die. Scherf, 52, already is serving a life sentence without the chance of release for raping and kidnapping a Spokane area realtor in 1997.

He is expected to make his first in-person court appearance Wednesday since Biendl’s death.

Scherf reportedly told authorities last month that he will plead guilty at his arraignment and believes he should “forfeit” his life for the Jan. 29 killing.

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

Biendl, 34, was found dead in the prison chapel where she worked alone. Court papers say the corrections officer fought with her attacker before she was strangled with an amplifier cord.

“I’m completely comfortable with the breadth and depth of information I have been able to review in making this decision,” Roe said.

The prosecutor read from a prepared statement, which is attached to this post.Scherf reportedly admitted he attacked Biendl after becoming upset by something she said earlier in the night.

“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 reportedly told detectives during a taped interview.

In deciding whether to seek the death penalty, the courts have directed prosecutors to consider the seriousness of the crime and evaluate whether there are reasons for leniency.

Scherf’s lawyers, in a civil lawsuit, asked a judge to prohibit Roe from making a decision before they could provide him information that would argue for leniency. They sought an injunction asking for more time to compile the materials.

It’s unknown if Scherf told his attorneys not to hand over any information.

Roe made his decision without seeing anything prepared by the defense. Instead, he said this case is unique because much of Scherf’s life has been documented through his lengthy history with the courts and the state Department of Corrections.

Scherf has spent half his life locked behind bars for violent crimes against women.

His prosecution will be the first capital murder case in Snohomish County since James Elledge was convicted and sentenced to die. Elledge waived his rights to appeal his conviction and was executed in 2001, three years after he pleaded guilty and told a jury that he should die for the 1998 murder of Eloise Fitzner. Roe was one of the prosecutors on that case.

As the criminal case against Scherf moves ahead, prison officials later this week expect to receive the results of an investigation by the National Institute of Corrections, an arm of the U.S. Department of Justice.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Cars drive along Cathcart Way next to the site of the proposed Eastview Village development that borders Little Cedars Elementary on Wednesday, May 7, 2025 in unincorporated Snohomish, Washington. (Olivia Vanni / The Herald)
Former engineer: Snohomish County rushed plans for Eastview development

David Irwin cited red flags from the developers. After he resigned, the county approved the development that’s now stalled with an appeal

Outside of the Madrona School on Monday, Aug. 26, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Sewer district notifies Edmonds schools of intent to sue

The letter of intent alleges the school district has failed to address long-standing “water pollution issues” at Madrona K-8 School.

Everett
Man stabbed in face outside Everett IHOP, may lose eye

Police say the suspect fled in the victim’s car, leading officers on a 6-mile chase before his arrest.

A person walks up 20th Street Southeast to look at the damage that closed the road on Wednesday, Nov. 20, 2024 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
WA delegation urges Trump to reconsider request for bomb cyclone aid

The Washington state congressional delegation urged President Donald Trump on… Continue reading

Aaron Weinstock uses an x-ray machine toy inside the Imagine Children Museum on Tuesday, Dec. 3, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Imagine Children’s Museum $250k grant reinstated following federal court order

The federal grant supports a program that brings free science lessons to children throughout rural Snohomish County.

Snohomish County 911 Executive Director Kurt Mills talks about the improvements made in the new call center space during a tour of the building on Tuesday, May 20, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
New 911 center in Everett built to survive disaster

The $67.5 million facility brings all emergency staff under one roof with seismic upgrades, wellness features and space to expand.

Everett
Five arrested in connection with Everett toddler’s 2024 overdose death

More than a year after 13-month-old died, Everett police make arrests in overdose case.

Madison Family Shelter Family Support Specialist Dan Blizard talks about one of the pallet homes on Monday, May 19, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Madison Family Shelter reopens after hiatus

The Pallet shelter village, formerly Faith Family Village, provides housing for up to eight families for 90 days.

The Everett Municipal Building on Thursday, Feb. 29, 2024 in Everett, Washington. (Annie Barker / The Herald)
Everett Municipal Building to close for two weeks

The closure is part of the building’s $36 million repair project. City staff will be accessible by phone and email during business hours.

Help Washington manage European green crabs with citizen science events

Washington State University and Washington Sea Grant will hold a training at Willis Tucker Park on June 2.

Emilee Swenson pulls kids around in a wagon at HopeWorks' child care center Tomorrow’s Hope, a job training program for people interested in child care, on Tuesday, Sept. 7, 2021 in Everett, Washington. HopeWorks is one of the organizations reciving funding from the ARPA $4.3 million stipend. (Andy Bronson / The Herald)
Early learning group presents countywide survey findings

The survey highlighted the largest issues parents and providers are facing amid the county’s child care crisis.

Brian Murril, who started at Liberty Elementary as a kindergartner in 1963, looks for his yearbook photograph during an open house for the public to walk through the school before its closing on Thursday, May 29, 2025 in Marysville, Washington. (Olivia Vanni / The Herald)
Locals say goodbye to Marysville school after 74 years

Liberty Elementary is one of two schools the Marysville School District is closing later this year to save costs.

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.