Iraq Not Jail Time; Vet Gets 6 Months

An Iraq war veteran and convicted sex offender has been ordered to report Friday to the Clark County Jail to begin a six-month sentence.

A defense attorney for Earl D. Werner had asked a Superior Court judge last week to give Werner -- whose 2007 sentence was interrupted after only 17 days when he was redeployed to Iraq -- leniency considering his military service.

A prosecutor asked that Werner serve the rest of the 365-day sentence, or 348 days.

Judge Roger Bennett split the difference by reverting back to the prosecutor's initial recommendation of six months in jail.

Werner, 37, pleaded guilty last year to communicating with a minor for immoral purposes and furnishing the minor, a 15-year-old girl, with alcohol, both gross misdemeanors.

Last May, Bennett went above the prosecutor's recommendation and ordered Werner to serve a year, thinking Werner could qualify for a work-release program and earn money to pay his court fees and fines while spending nights and nonworking hours in custody. But Werner's civilian job driving dump trucks didn't qualify because he couldn't be adequately supervised, so he spent 17 days in jail before being released for military duty.

At Werner's sentencing, his staff sergeant told Bennett the convictions didn't disqualify Werner from serving and that he had invaluable experience.

Werner, a reservist with the Oregon National Guard, returned from his second tour in Iraq in April.

The victim and her family wanted Werner to serve his full sentence, arguing military service had nothing to do with the crime.

In his written opinion, Bennett said he agreed that Werner's performance in the military, which won him a Bronze Star, had no bearing on the crime.

"There is some relevance to defendant's sentence, however, as the courts, when imposing a misdemeanor sentence, consider all factors, including the defendant's background and good conduct, as well as his criminal conduct."

Bennett said he felt it was fair to modify Werner's sentence to the original recommendation of six months.

Defense attorney Jon McMullen said Wednesday he was pleased with the ruling.

"It was exactly the deal we'd worked out with prosecutors a year ago," he said.

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