BOULDER — A former Marine from Boulder who staged his disappearance in 2006 was offered a plea agreement Friday identical to the one accepted by his co-defendant and friend.
Prosecutors told Lance Her ing, 23, that they would not seek jail time in return for an admission of guilt, restitution, a letter of apology to the community, 200 hours’ community service and two years’ probation.
Hering’s friend, Steve Powers, pleaded guilty to misdemeanor false reporting in January 2007, admitting that he made up the story that Hering wandered off after being injured in a fall at Eldorado Canyon State Park. The hoax, in August 2006, involving the Marine who went AWOL launched the most expensive search in Boulder County history.
Hering’s attorney, Alex Garlin, said his client is unlikely to accept the plea deal.
“From the defense perspective, the circumstances of Mr. Powers and Mr. Hering at the time of the disappearance are very different,” Garlin said. “And while it may be perfectly understandable why Steve Powers pled guilty, it does not follow that Lance would necessarily do the same.”
Powers was sentenced to two years of probation and ordered to pay back $33,057 for the massive search but had only paid back about $2,000 as of last month. Conviction on the misdemeanor charge landed Powers a felony record because of a deferred attempted-burglary sentence from 2004.
In the burglary case, which also involved Hering, the two were ordered to stay out of trouble for at least two years to have the felony drop off their records.
If Hering accepts the same false-reporting deal, he would end up with the felony record too. He also would likely be ordered to split the restitution bill.
Boulder County District Attorney Stan Garnett said the offer is fair, given that Powers was equally culpable and has already accepted punishment.
“We’ve looked at this case very closely and have made the same plea disposition offer to Mr. Hering as was made to Mr. Powers, which we believe is appropriate,” Garnett said. “One of the jobs of the district attorney is to treat co-defendants equitably.”
Both sides agreed Friday to meet again May 29 to see if they can reach an agreement.
