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Jasper: Defendant who won appeal in toddler death has a decision to make

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Danny Wing finishes up with his lawyer after hearing in Lewis County Superior Court

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS –  Danny A. Wing’s lawyer wanted a year for his client to decide if he ought to withdraw his guilty plea, but a Lewis County Superior Court judge yesterday said no.

Wing was convicted and then sentenced two years ago following a complex plea deal, for his role in the abuse, neglect and death of a 3-year-old boy who was temporarily part of his family’s household.

Jasper Henderling-Warner died in October 2014.

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Jasper Henderling-Warner

Wing had hoped to get a prison sentence of 15 or 16 years, but prosecutors argued he didn’t hold up his end of the deal and asked he be locked up for 55 years. A judge imposed a sentence of almost 35 years.

But then earlier this year, an appeals court found Wing’s plea was premised on an incorrect offender score and reversed the convictions, allowing Wing to withdraw the plea. The convictions are for first-degree manslaughter and third-degree child assault.

Lewis County Prosecutor Jonathan Meyer has said if Wing withdrew his plea, prosecutors would take the case to trial. The original charge included homicide by abuse as an alternative.

Yesterday afternoon in Lewis County Superior Court, Lewis County Senior Deputy Prosecutor Sara Beigh told the judge she could not find a good reason for further delay.

“The next step her is Mr. Wing is going to decide if he’s going to withdraw his guilty plea,” Beigh said. “Also, we’re dealing with crime victims here, and their rights.”

Judge Andrew Toynbee agreed with Beigh, and said he felt 30 days would be sufficient.

The judge set a deadline for 5 p.m. on Nov. 13 for Wing, through his attorney, to file in writing his withdrawal of his plea. Toynbee said failure to do so would mean his previous guilty plea remains in effect.

A hearing for review was put on the court calendar for Nov. 16.

Wing, now 29, is represented by Vancouver attorney Sean Downs.

His wife Brenda A. Wing got the same sentence as her husband and has won the same opportunity to withdraw her pleas.

The Vancouver-area family had been living in Vader about two weeks when the Wings called 911 on Oct. 5, 2014 to say the toddler was unconscious and not breathing. Jasper’s 21-year-old mother had given the couple temporary custody while she was homeless and looked for work out of state. Jasper died at Providence Centralia Hospital.

The autopsy found abrasions, bruises, facial trauma and healing fractures and labeled the cause of death as chronic battered child syndrome. Jasper was suffering from skin infections that were found to be secondary to his cause of death.

Danny Wing’s formal statement said he recklessly Jasper’s death by failing to get medical care for him.
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For background, read “Jasper: Toddler death case in limbo as defendant contemplates options” from Tuesday October 10, 2017, here [3]