Marine arrested for faking own disappearance

[thedrifter]

Marine arrested for faking own disappearance
The Associated Press
Posted : Monday Nov 17, 2008 9:20:32 EST

BOULDER, Colo. — A Marine accused of faking his own disappearance to avoid returning to his unit was arrested Sunday in Port Angeles, Wash., and his father was arrested for investigation of aiding and abetting.

Acting on a tip from the Boulder County Sheriff's Office in Colorado, Port Angeles police arrested 23-year-old Lance Hering at the Port Angeles airport.

His father, Lloyd Hering, also was arrested.

Lance Hering, a lance corporal and Iraq war veteran, was on leave from Camp Pendleton, Calif., when he disappeared in 2006. At the time, Hering's friend Steve Powers told authorities Hering was hurt in a rock-climbing accident near Boulder and wandered away while Powers went looking for help.

That prompted a five-day search that cost $33,000 and also involved hundreds of volunteers in Eldorado Canyon State Park.

Powers later admitted the report was a hoax, and investigators found surveillance tape showing Hering getting on a bus in Denver.

Powers pleaded guilty to false reporting.

Ellie

[thedrifter]

Missing Marine, father arrested
23-year-old suspected of staging death, disappearance in 2006
By David Montero, Rocky Mountain News (Contact)
Published November 16, 2008 at 10:42 p.m.

A 23-year-old Marine from Boulder, who law enforcement officials believe staged his own disappearance more than two years ago, was arrested Sunday in Port Angeles, Wash., authorities said.

Lance Cpl. Lance Hering is being held in Port Angeles, near the Canadian border, on a warrant out of Boulder County for contempt of court and false reporting. There also is a warrant out for him from the U.S. Marine Corps for desertion.

Hering's father, Lloyd Hering, 60, also is facing misdemeanor aiding and abetting charges by Port Angeles authorities, according to Boulder County sheriff's Sgt. Mike Wagner.

Wagner said there had been sightings of Lance Hering in Port Angeles and that the Boulder County Sheriff's Office was working with local authorities there before he was arrested. Wagner said it was unclear if Hering was living in Port Angeles.

Police on Sunday were acting on a tip fielded by the sheriff's office when they arrested the father and son at about 1:15 p.m. at the Port Angeles Airport.

Lloyd Hering is a pilot, Boulder County Sheriff Joe Pelle said Sunday night. He did not know whether he was arranging a flight for his son.

Lloyd Hering's charges are out of Washington and he will face them there. Wagner said Boulder County likely would look into the possibility that the father knew of his son's whereabouts while still in Colorado and, if so, he could be charged in Boulder County as well.

The arrests are another twist in the saga of the missing Marine that spawned a massive search in August 2006, when it was first believed he'd been a victim in a hiking accident in El Dorado Canyon and then disappeared.

Lance Hering was in Boulder while on leave from Camp Pendleton, Calif. He had served several months in Iraq.

The search for Lance Hering brought out hundreds of volunteers who put in 10,000 hours to try to locate him. Lloyd Hering pleaded for information about his son's whereabouts and the family set up a Web site to try to find him.

But the Boulder County Sheriff's Office began to suspect that Lance Hering had staged his own disappearance even as the Hering family suggested the Marine had been the victim of foul play.

About a week after Hering was reported missing, a friend, Steven Powers, 21, confessed to helping stage the Marine's disappearance.

That confession resulted in Powers being sentenced to 200 hours of community service. Boulder District Judge D.D. Mallard also ordered Powers to pay back the $33,000 cost of the search for the missing Marine.

At the time he admitted to making up the story about Lance Hering's disappearance, Powers said his friend had witnessed a homicide committed by his fellow Marines in Iraq and worried that if he returned he might be killed.

As early as September 2006, video surfaced of a man resembling Lance Hering getting on a Greyhound bus in Denver. Hering's parents at the time said they were "99 percent sure" the person in the video was their son.

A phone call to the Hering home Sunday evening was not answered.

Wagner said he didn't know who would get to deal with Lance Hering first - the Marines or Boulder County. Hering faces a variety of charges.


The Boulder Daily Camera contributed to this report.

Ellie

[thedrifter]

Timeline of the Lance Hering case
Rocky Mountain News
Published November 16, 2008 at 10:49 p.m.

Aug. 30, 2006 - Steve Powers tells police at 5:13 a.m. that his friend, Marine Lance Hering, hit his head while they were hiking in Eldorado Canyon State Park. When search crews return to the spot of the alleged accident and find only blood, shoes and a water bottle, friends and family members immediately begin posting "missing" signs. About 60 rescuers begin a strenuous search. Officers deploy five dog teams, three horses and two helicopters. After dive teams probe South Boulder Creek, Hering`s parents stand before television cameras, clutching a photo of their son and pleading for help to find him. Sheriff Joe Pelle later said detectives questioned Powers’ story’s validity almost immediately.

Aug. 31, 2006 - Powers watches as officials order helicopters, fuel trucks and food from American Red Cross.

Sept. 1, 2006 - More than 120 people expand the search to five square miles. Many people speculate Hering has a brain injury from the "hiking accident," some guess he`s been attacked by an animal and others question the story`s validity. The Sheriff`s Office receives a tip that the story was a lie and that Hering staged his disappearance.

Sept. 3, 2006 - About 100 rescue professionals, 34 Marines and another 100-plus volunteers continue the search. Hering`s parents help walk the search area, but his mother passes out from exhaustion and dehydration. By day`s end, officials know something is awry and call off the official search.

Sept. 6, 2006 - Investigators inform Hering`s parents that their son`s disappearance was apparently staged. Hering`s parents ask the volunteers who are still looking for him to end their search.

At about 11 p.m., officers arrest Powers for false reporting.

Mid-September, 2006 - The Sheriff`s Office obtains a video that shows Hering buying a bus ticket at a Denver Greyhound station the day he reportedly disappeared.

Jan. 22, 2007 - Powers pleads guilty to misdemeanor false reporting in Boulder County District Court and is sentenced to two years of probation. Powers is also ordered to serve 200 hours of community service, pay the entire restitution bill and write a letter of apology.

March 2007 - Powers delivers the letter of apology to the Daily Camera and gives new details of the elaborate hoax-gone-wrong.

Summer 2008 - Boulder County detectives received an anonymous tip that Hering was seen camping outside Olympic National Park in Washington state. Investigators asked local authorities and national park officials to search the area.

Sunday - The Port Angeles Police Department in Washington, acting on a tip out of Boulder County, arrests Lance Hering at the local airport on warrants from Boulder County and the military. His father, Lloyd Hering, is also arrested on suspicion of "aiding and abetting," a misdemeanor charge in Washington.

Ellie

[thedrifter]

Lawyer: Marines inclined to defer to civilian court
When Corps gets Hering depends on Boulder's action
By David Montero, Rocky Mountain News (Contact)
Published November 17, 2008 at 1:46 p.m.
Updated November 17, 2008 at 11:57 p.m.

Lance Cpl. Lance Hering decided more than two years ago he didn't want the Marines, but now that he's been arrested in Washington state, the Marines certainly want him.

When they will get Hering to face desertion charges largely is dependent on what the Boulder County district attorney wants to do with the 23-year-old, who is facing criminal charges there, too.

Philip Cave, a Virginia-based military defense attorney with 28 years' experience in cases like Hering's, said the Marines tend to defer to civilian court in cases like this - especially when felony charges are involved.

He also said cases like this tend to be "slam dunks" for the Marines.

"Unless you've got some serious, serious mental issues, these are very easy to prosecute," Cave said. "It's done with a few pieces of paper, and it maybe will take a month."

First Lt. Curtis Williamson, a spokesman for the Marine base at Camp Pendleton, Calif., where Hering had been assigned before disappearing, said if the Marine Corps gets him first, it will likely send two "chasers" - the Marines' version of military police - to take him to the closest Marine base.

But Williamson said there are a few steps in the process.

The Marine Corps requires that a Marine facing desertion charges be attached to a nondeployable administrative unit so the process of a court-martial can begin. That means that Hering, if taken to Camp Pendleton, could not rejoin his old unit - the First Marine Division - since it is deployable to fight.

In addition, the closest Marine base to Boulder is 29 Palms, also in California, but Williamson said it still could be decided to return Hering to Camp Pendleton.

If a Marine is missing for less than 30 days, it's considered an unauthorized leave, Williamson said. Because Hering was gone for longer than that, it's considered desertion.

"Desertion is far more serious," Williamson said. "Though I just want to put it out there that we don't shoot deserters."

The death penalty is a possible penalty only during a time of war declared by Congress, which has not occurred for the conflicts in Iraq or Afghanistan.

The last time the death penalty was in effect for desertion was during World War II.

Hering had served seven months in Iraq and was supposed to deploy again before he staged his disappearance in 2006.

Cave said that could be an aggravating circumstance that might tack on extra time in prison - though the maximum time that Hering could serve would be five years.

Marines desertions are not uncommon and the numbers have been fairly steady over much of the past decade.

It peaked in 2002, with 1,721 desertions, while 2004 saw the lowest total, 744, according to U.S. Marine Capt. Amy Malugani.

There are enough desertions that several Web sites and blogs have popped up seeking to aid those who have left the service illegally.

Charles Elliston, who works with the Boulder chapter of Veterans for Peace, said he was involved in the original search for Hering in 2006, when hundreds swarmed Eldorado Canyon looking for him after his friend, Steve Powers, reported that Hering had gone missing after a fall while the two were rock climbing.

Elliston said at the time that the evidence didn't seem to match the story. He said he doesn't harbor any ill will toward Hering, though he said he would never suggest that anyone should desert.

"I understand when a young man feels he is in an untenable situation," Elliston said. "His situation in his mind was untenable, and he didn't see any other option.

"I would probably have suggested he search for other options, but maybe he didn't know where to look. I don't know, but there are resources out there."

Iraq Veterans Against the War said in a statement Monday night that it "fully supports Lance Hering and his family."

"For a service member to refuse to return to his unit in Iraq, it should not be looked down upon as an act of desertion or cowardice," said Joseph Potts of the Denver chapter.


Fleeing the Corps

Marine deserters since 2000

* 2000 / 1,070

* 2001 / 1,484

* 2002 / 1,721

* 2004 / 744

* 2005 / 1,173

* 2006 / 1,084

* 2007 / 1,079



Difference between deserter and AWOL

The distinction between being a deserter and being AWOL is set out in the Universal Code of Military Justice. The distinction between the two is an intent to remain away permanently, which is presumed for personnel absent more than 30 days.

* Article 85 of the UCMJ defines a deserter as any member of the armed forces who:

1 Without authority goes or remains absent from his unit, organization or place of duty with intent to remain away therefrom permanently.

2 Quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service.

3 Without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been regularly separated or enters any foreign armed service except when authorized by the United States.

Note: The maximum punishment for desertion during time of war is death. Because Congress has not declared war in Iraq or Afghanistan, this is not considered a time of war.

* Article 86 of the UCMJ defines AWOL (Absent Without Leave) as any member of the armed forces who:

1 fails to go to his appointed place of duty at the time prescribed

2 goes from that place, or

3 absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed.

Ellie

[thedrifter]

Marine Accused of Staging Disappearance Jailed

Tuesday, November 18, 2008

PORT ANGELES, Wash. — A Marine accused of faking his own disappearance in Colorado in 2006 remains in custody in Port Angeles, and military authorities reportedly have declined to come and get him.

Clallam County jail Supt. Ron Sukert tells the Peninsula Daily News that the Marines are deferring to Boulder, Colo., which is seeking the return of Lance Hering on a contempt charge in a burglary case.

The 23-year-old lance corporal appeared briefly in court Monday and remained in custody with bail set at $5,000. His lawyer says he'll fight extradition.

Hering and his father, Lloyd Hering, a pilot, were arrested Sunday at the Port Angeles airport. The elder Hering was arrested for investigation of aiding and abetting a criminal. All the father would tell the newspaper was, "I love my son."

Ellie

[thedrifter]

Missing Marine From Boulder Fights Extradition To Colo.
Attorney: Lance Hering Planned To Surrender

POSTED: 12:11 pm MST November 18, 2008

PORT ANGELES, Wash. -- A Marine accused of faking his own disappearance in Colorado in 2006 remains in custody in Washington state, and military authorities have declined to come and get him.

Clallam County jail Supt. Ron Sukert told the Peninsula Daily News that the Marines are deferring to Boulder, Colo., which is seeking the return of Lance Hering on a contempt charge in a burglary case.

The 23-year-old lance corporal appeared briefly in court Monday and remained in custody with bail set at $5,000. His lawyer said Hering will fight extradition, although he did say on Monday that Hering was in the process of turning himself in when he was arrested Sunday afternoon.

"When arrested, Lance was on the last leg of his long and lonely journey as a fugitive. He was just days short of his planned voluntary surrender. He knew what he had to do and was in the process of doing it," said Alex Garlin, Hering's attorney.

It was not clear why Hering would fight extradition if he had planned to fly to Colorado to surrender.

The Daily News reported Monday that Hering's father, Lloyd Hering, had flown to Port Angeles in a rented Cessna. Port Angeles police Detective Jesse Winfield said the father, a pilot, had just fueled up and the two were preparing to depart but wouldn't say where they were headed, citing an investigation. Officers saw Lance Hering say goodbye to a woman before he boarded the plane, Winfield said.

The elder Hering was arrested for investigation of aiding and abetting a criminal. He was released from jail Monday morning. All the father would tell the newspaper was, "I love my son."

Hering will also face a military court and could face more serious penalties for deserting during wartime.

Port Angeles is near the Canadian border and about 80 miles from Seattle.

Ellie

[thedrifter]

Police: Marine, Dad Together In Sept. Photo
Dad Denied Seeing Son In 2 Years, Police Report Stated

POSTED: 6:04 am MST November 19, 2008
UPDATED: 7:45 am MST November 19, 2008

BOULDER, Colo. -- A photo album of Lance Hering's showed him with his father and Kimberly Pace -- the woman he was saying goodbye to when he was arrested at a Washington airport Sunday -- at a festival in Nevada two months ago, the Boulder Daily Camera reported on Wednesday.

The three were photographed attending Nevada's Burning Man festival in early September, according to an arrest report released Tuesday.

The photos were found by police in Port Angeles, Wash., in a bag belonging to Hering, following his arrest at the local airport, where the two were in a plane rented by Hering's father, Lloyd.

When arrested, Lloyd Hering told police "he had not seen his son in the two years since he has been gone," the Daily Camera reported. The discovery of the photograph raises questions about how long Lloyd Hering has known the whereabouts of his son, police said.

Pace -- the woman in the September photograph -- was also at the Port Angeles airport, when police arrested the father and son.

Lance Hering, who is accused of deserting the Marines just weeks before he was to ship out for Iraq, is fighting extradition to Colorado to face charges here. He is wanted by Boulder County for a probation violation stemming from a 2004 conviction of attempted burglary and on suspicion of false reporting -- a charged related to his faked hiking accident.

No bail has been set on a charge of military desertion. When he is turned over to the Marine Corps, Hering faces possible jail time along with a dishonorable discharge, loss of all pay and benefits and a bust down to private.

Lloyd Hering was charged with aiding and abetting, according to the Boulder County Sheriff’s Department.

Ellie

[thedrifter]

denver & the west
Boulder Marine makes court appearance
By Joey Bunch
The Denver Post
The Denver Post
Updated:11/19/2008 08:46:37 PM MST



A judge in Washington state today confirmed that if accused deserter Lance Hering of Boulder posts the $5,000 bail on charges he is a fugitive from Colorado, he will be turned over to the Marines.

A lawyer representing Hering in Port Angeles, Wash., asked the Clallam County Superior Court Judge Ken Williams to clarify the custody procedure during a hearing that lasted just minutes, according to the Peninsula Daily News in Port Angeles.

No bail has been set on the military desertion charge, which is a felony.

Hering and a high school friend allegedly staged the Marine's disappearance in 2006, when the lance corporal was home on leave after serving seven months in Iraq. He was arrested, along with father, Lloyd Hering, Sunday afternoon at an airfield in Port Angeles on the Canadian border. His father, a pilot, had flown a rented Cessna there.

Lloyd Hering, who was charged with a misdemeanor of helping a criminal, and the family's Colorado attorney have said Lance Hering was making plans to turn himself in at the time he was arrested.

His next court date in Port Angeles is Dec. 5.

Ellie