Rapist Gets Life In Prison, No Parole ‘Three Strikes’ Law Fixes His Term

The Spokane mother of two turned to the man convicted of raping her, seated 3 feet away in a Spokane County courtroom Friday, and made one thing clear: “I don’t forgive you.”

Byron Scherf, declining a chance to say anything on his behalf, then stood up and heard a judge sentence him to life in prison without chance of parole for raping and kidnapping the 37-year-old woman two years ago near Spangle.

Scherf, 39, became the fifth Spokane County defendant locked away under the state’s “three strikes” law.

Scherf was convicted in March of rape, kidnapping and being a felon in possession of a gun. His three-day, non-jury trial was before Spokane County Superior Court Judge Neal Rielly.

There was no suspense in what sentence Rielly would hand down, since Scherf earned “persistent offender” status for being convicted of three separate violent crimes.

In 1981 he was convicted of raping a Pierce County woman, then dousing her with gas and setting her on fire. Three years earlier, he had been convicted of second-degree assault.

His most recent victim, surrounded by friends and her parents, said after the sentence that “I feel like I’ve gone through hell. But I also feel like a hero” knowing that “he won’t hurt or maybe kill anyone else.”

In remarks to the judge, she criticized Scherf for having “no remorse for what he did.” Saying he had asked for her forgiveness after raping her, she said: “That was given under duress.

“There will be no forgiveness while he refuses to admit what he has done.”

During her remarks, Scherf, who is married but has no children, sat quietly, looking at the desk in front of him.

The rape occurred in October 1995 while Scherf was attending Eastern Washington University. He found the woman’s picture in a Spokane Realtors catalog, then called her, saying he was looking to buy a home.

He arranged an appointment to see a house near Cheney. Once inside, he forced her at knifepoint into the trunk of his car, then drove to a location near Spangle. He also threatened her with a rifle he stole from the house.

After raping her, he threatened to kill her and her daughter if she reported the attack, she told police. He was arrested several days later in Post Falls while driving under the influence of drugs.

Police said they found evidence, including a journal, showing that Scherf had met with the woman and had raped her.

Scherf’s defense attorney, Kim Roberts, said that her client will appeal both the trial verdict and the three-strikes sentence.

Scherf’s choice to not make a statement during sentencing should not be misread as indifference, Roberts said.

“Whether he has emotions at that point and whether or not he expressed them really don’t make a difference. The judge has no choice - the sentence in this case would be the same,” Roberts said.

She said Scherf chose to avoid a jury trial partly “to shield his family and the victim’s family from this becoming more of a media event than it was,” Roberts said.

Any statement of remorse, she added, could jeopardize an appeal.

“So, no matter how hard it is for the victim, the best course for Mr. Scherf was to say nothing.”

His victim said later that she needed “prayer, friends and family support” to make it through the sentencing.

All morning, she had dreaded the idea of speaking with her rapist nearby, she said.

“I sat there in the courtroom, praying while I waited for my turn to speak,” she said.

She also credited Deputy Prosecutor Ed Hay, victim advocate Gwen Cordova and Spokane Police Detective Bill Francis for their support and help.

, DataTimes