Herald Writer
It was well known around Granite Falls that Kenneth Charles Jensen carried a loaded pistol in the leather pouch he wore. That fact didn’t stop a confrontation Aug. 8 with neighbor Martin Frank, 40, whom Jensen shot in the chest and killed.
But the fact that the gun was there and readily available was a prime reason for the death, Snohomish County Superior Court Judge George Bowden said Wednesday.
"It underscores the danger of an armed society," Bowden said.
Bowden said he doesn’t consider the killing of Frank self-defense, as Jensen and his lawyers insisted in the defendant’s two trials. They made the same claim on Wednesday when Bowden sentenced 58-year-old Jensen to prison for a little more than 16 years.
In addition, Bowden said Jensen is to never return to the city of Granite Falls.
Jensen’s case apparently polarized the Granite Falls community, Bowden said, citing four dozen letters he received in support of a prison term.
Jensen was found guilty of second-degree murder by a jury on April 17.
Another jury in December could not come to a unanimous verdict, deadlocking at 9-3 in favor of acquittal.
The judge’s decision split the difference between what prosecutors and defense attorneys wanted.
Defense lawyer Joseph Wilson told Bowden that Frank for two years harassed Jensen because of the defendant’s sexual orientation. He accused the victim of assaulting and falsely imprisoning Jensen when he accosted the defendant, who was riding a bicycle near the Frank property that day.
But David Hiltner, deputy prosecutor, argued that Jensen chose to continue engaging in a verbal war over a long period, despite his assertion that he was afraid of Frank.
Jensen himself was tearful at times Wednesday when he begged the judge for mercy.
"He was a case for the law," Jensen said of Frank. "I called the law on him several times. … I never wanted to harm him. I simply wanted to stand up to his insults, his harassment and his menacing."
He said he’s sorry a life was taken. "That was not my intention," Jensen said.
Frank’s widow, Gia Frank, addressed the court and said her husband misjudged Jensen.
"If Frank had realized exactly how cowardly you were, he would have never confronted you that day," she told Jensen.
You can call Herald Writer Jim Haley at 425-339-3447 or send e-mail to haley@heraldnet.com.
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