Tacoma killer wins appeal, gets his 60-year prison sentence cut by more than half

A man who was serving nearly 60 years in prison for fatally shooting a teenager in Tacoma saw that sentence cut by more than half Monday.

Jurors originally convicted Marsele Henderson, now 27, of first-degree murder for the November 2008 death of Victor Schwenke.

An appellate court sent the case back to Pierce County, and earlier this month Henderson pleaded guilty to first-degree manslaughter and second-degree unlawful gun possession.

On Monday, Judge Bryan Chushcoff sentenced Henderson to 23 years, four months for the homicide and for a separate robbery from 2008.

Henderson killed the 18-year-old Schwenke by firing into a crowd outside a Tacoma party. Prosecutors have said the shooting might have been retaliation for a shooting that killed one of Henderson’s friends. Henderson thought members of the group responsible for killing his buddy were at the party, according to court records.

Schwenke wasn’t involved in the shooting that killed Henderson’s friend.

Division II of the state Court of Appeals sent the case back to Superior Court in 2014, saying jurors should have been able to consider manslaughter as a lesser crime. A rational jury might have convicted Henderson of manslaughter while acquitting him of murder, the court found.

Henderson’s plea agreement with prosecutors show he and the state considered recent changes in state law that give judges broad discretion when sentencing youths who are convicted as adults.

That followed science that said the brains of teenagers are not fully developed. The U.S. Supreme Court has said judges need to consider that when sentencing defendants who were youths when they offended.

Henderson was 17 when he was arrested for the shooting.

As part of his plea, Henderson and prosecutors agreed that he could ask for a sentence of 18 years, six months (222 months) and that prosecutors could ask for 25 years (300 months).

Deputy prosecutor John Neeb told the court that 222 months was not quite enough time for what Henderson did.

“He (originally) got 700 months, judge,” the prosecutor said. “... I’m asking for 300.”

Defense attorney Walter Peale asked the judge to sentence the man Henderson is today.

“He is not the person he was ... the change is dramatic,” Peale said.

Henderson’s loved ones wrote the court ahead of sentencing, and some addressed the judge Monday.

Sierra Henderson told the court that she’s seen her nephew become more thoughtful and humble.

She said his graduation photo, taken during his incarceration, sits on her mantel.

“Given the same choice today, I know Marsele would take a difference course of action,” she said.

The family told the court they’d be there to support Henderson when he’s released.

When it was Henderson’s turn to address the court, he said he had not forgotten about Schwenke.

“Victor had a lot of future ahead of him,” he said.

Henderson said that Schwenke’s death “was not fueled by hate,” but by Henderson’s reaction to a situation that was based on his life experiences. He told the judge many of his loved ones had suffered gun violence.

That was his “Tacoma experience,” he said.

“My ignorance fueled my fear,” he added.

Henderson told the judge he made an adult decision with adult consequences and that he realizes that he had the “power and duty” to prevent the altercation.

Chushcoff acknowledged that Tacoma has suffered from gun violence.

“If there isn’t some sanction for all of this, it just gets worse,” the judge said. “... Mr. Henderson, you contributed to it in the end.”

The judge told Henderson that parents “know our kids are going to get into trouble. ... We just hope and pray that they don’t do anything,” severe enough that it permanently affects their futures.

This story was originally published March 25, 2019 at 4:19 PM.