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![]() Benjamin Pingle, left, listens to a prosecution witness testify during his trial. Roger Werth / The Daily News
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Man convicted in daughter's death now free on appeal bond
Thursday, June 19, 2008 11:36 PM PDT
By Thacher Schmid
A Castle Rock man sentenced to nearly 10 years in prison this week for killing one infant daughter and injuring another has been released on bond while he appeals his conviction.
That appeal could take up to two years, a frustrated county prosecutor said.
On May 30, jurors found Benjamin Pingle, 25, guilty of first-degree manslaughter in the 2006 death of his 12-week-old daughter Justice and third-degree assault of her twin, Liberty.
Tuesday, Superior Court Judge James Warme sentenced Pingle to 114 months on the two charges.
Wednesday, Pingle was transported from the Cowlitz County Jail to state prison in Shelton.
Thursday, he was released on a $250,000 bail bond ordered Tuesday by Judge Warme, who granted Pingle’s bail despite imposing a sentence at the top of the standard range for first-degree manslaughter.
In all, Pingle has served three weeks: Jan. 24 to Jan. 26, 2006, when he was first arrested, and May 30 to June 17, 2008, said staff at the Cowlitz County Jail, who added that Pingle stopped by Thursday morning to pick up a book, Tom Clancy’s “The Sum of All Fears.”
Cowlitz County Chief Prosecuting Attorney Susan Baur strenuously disagreed with Warme’s decision to grant bail.
“Justice delayed can be perceived as justice denied,” Baur said Thursday. “(Pingle) ought to be serving his sentence now.”
“He needs to take accountability for what happened. 12 people found beyond a reasonable doubt that this happened, and I would hazard a reasonable guess that they would be upset by this too.”
Baur said a two-year wait for a decision from the Tacoma-based Court of Appeals would be “typical.”
“I believe Judge Warme had every right to do what he did, and I believe he’s a great judge,” Baur said. “I disagree with his decision. I think ... that type of decision diminishes the public’s confidence in the swiftness of a jury’s decision.”
Through a court employee, Warme declined to comment on the case Thursday.
Washington State Department of Corrections spokesman Chad Lewis said Pingle will be under community supervision through the agency’s Longview office while awaiting his case’s resolution. Conditions of the appellate bond and his sentence forbid Pingle from having contact with children. Liberty is now in the custody of the state Department of Social and Human Services.
“It is a rare occurrence, it’s definitely not a routine move,” Lewis said of the granting of the appellate bond. “I don’t know how many (appellate bonds) we get, but we only get a handful a year.”
Longview attorney John Hays, who frequently handles court appeals, said courts are required to offer a defendant conditional liberty — except in capital cases — before a conviction, but after conviction, it’s up to the judge.
“The more serious the charge, usually, the more unlikely that the court will set an appellate bond, but it’s not unheard of, certainly,” Hays said.
Though he cautioned he is not familiar with the specifics of the case, Hays said the main factors Warme would consider before granting the bond would have been whether Pingle was a danger to the community, or a flight risk.
“Is this guy a danger to anybody walking on the street? Of course not.”
That the victim was a child and the crime occurred in a family context should not be cause for leniency, Baur said.
“People can snap and act out on children in manners in which they never expected the result. When it happens, it needs to be handled as swiftly as possible to show our commitment that just because it’s a child or a family situation, doesn’t mean it’s any less of a horrific act, whether it was intentional or reckless.”
The conviction on a manslaughter charge, rather than homicide, means the jury determined the act was reckless, Baur said.
Hays said the court has to consider the possibility the appeal will succeed; if it doesn’t, Pingle will serve his time. In the meantime, the considerable amount of money at stake is designed to keep him from fleeing.
“The fee on that bond is $25,000 a year, and nobody gets that money back, that’s the fee that the bail bondsman charges. That’s how they make their money. They’re on the hook for $250,000 if the guy skips.”
Pingle’s defense attorney, James Morgan, did not return calls seeking comment.
1980mustang wrote on Jun 19, 2008 5:46 PM:
Louie wrote on Jun 19, 2008 5:52 PM:
Mrs. Pellwerds wrote on Jun 19, 2008 6:04 PM:
Im_not_saying wrote on Jun 19, 2008 6:54 PM:
Someone Who Cares wrote on Jun 19, 2008 7:05 PM:
Aconserve wrote on Jun 19, 2008 7:34 PM:
1980mustang wrote on Jun 19, 2008 7:35 PM:
observer wrote on Jun 19, 2008 7:37 PM:
My Kids Mom wrote on Jun 19, 2008 8:57 PM:
observer wrote on Jun 19, 2008 9:09 PM:
shock n awe wrote on Jun 19, 2008 9:29 PM:
luvbngram wrote on Jun 19, 2008 9:37 PM:
goodboy wrote on Jun 19, 2008 9:42 PM:
nexus wrote on Jun 19, 2008 9:44 PM:
Im_not_saying wrote on Jun 19, 2008 9:46 PM:
luvbngram wrote on Jun 19, 2008 10:16 PM:
brainiac wrote on Jun 19, 2008 10:43 PM:
luvbngram wrote on Jun 19, 2008 10:49 PM:
problemsolver wrote on Jun 19, 2008 10:53 PM:
luvbngram wrote on Jun 19, 2008 11:02 PM:
K500 wrote on Jun 19, 2008 11:36 PM:
local taxpayer wrote on Jun 20, 2008 2:51 AM:
chevguy wrote on Jun 20, 2008 3:00 AM:
local taxpayer wrote on Jun 20, 2008 3:16 AM:
feistyone wrote on Jun 20, 2008 3:51 AM:
goodboy wrote on Jun 20, 2008 6:12 AM:
WWJD wrote on Jun 20, 2008 7:17 AM:
The Grateful Dad wrote on Jun 20, 2008 7:19 AM:
just a mom wrote on Jun 20, 2008 7:29 AM:
keepin it real wrote on Jun 20, 2008 7:55 AM:
kelsolady wrote on Jun 20, 2008 8:19 AM:
observer wrote on Jun 20, 2008 8:38 AM:
Also, in regard to Liberty, she is still in care of the state at this time. Her mother chose to "stand by her man", and Ben was not and is not allowed contact with Liberty. "
observer wrote on Jun 20, 2008 8:43 AM:
lou wrote on Jun 20, 2008 9:28 AM:
somedude wrote on Jun 20, 2008 9:42 AM:
shoegirl wrote on Jun 20, 2008 9:54 AM:
Angel of Mercy wrote on Jun 20, 2008 11:03 AM:
Judge Warme you have done well, in that you humbled yourself and said I would like to have some answers from the Appeal Judges. You showed mercy over judgment.
I believe this outcome is according to law, and intelligent and reasonable people would let this take its course.
I have noticed there are some who would love to take the place of judge, jury, and God Himself, how about taking the place of humility, and mercy.
I see quit a few who have mercy in their words, and to you mercy is shown in you life. You have suffered unjustly, and have forgiven.
Wisdom says judge not lest you be judge. We have a system maybe not perfect, but it is what we have, so let us hold our peace and get on with our own lives, guarding our tongues, hearts, and attitude. Asking for mercy on our own lifes trials also.
May Justice find you innocent Benjamin when your appeal is considered, and may you show mercy and grace, forgiveness to all who condemn you, they just dont know what true Justice is about!
In our imperfect world may we point only to ourselves, and cry to the Supreme Court over all Have Mercy on us. "
bethanisp wrote on Jun 20, 2008 11:46 AM:
LOVE YOU BENJ AND KRYSTAL! "
brainiac wrote on Jun 20, 2008 12:20 PM:
IWCJ wrote on Jun 20, 2008 12:42 PM:
isthisjustice wrote on Jun 20, 2008 1:06 PM:
Carrienwa wrote on Jun 20, 2008 1:54 PM:
Proud Mama wrote on Jun 20, 2008 2:42 PM:
LongviewRez wrote on Jun 20, 2008 3:31 PM:
taffeta wrote on Jun 20, 2008 9:33 PM:
Piper wrote on Jun 20, 2008 11:56 PM:
It is obvious where Pingle got his value system. "
Ella Mentry wrote on Jun 21, 2008 10:32 AM:
Commenter wrote on Jun 21, 2008 11:00 AM:
1980mustang wrote on Jun 21, 2008 7:47 PM:
luvbngram wrote on Jun 22, 2008 8:55 AM:
duckguy wrote on Jun 23, 2008 10:14 AM:
Now the child will be in Foster care for several years while the appeal process takes place. It is a really strong statement about both parents, I think the child is better off away from them. "
Piper wrote on Jun 23, 2008 9:45 PM:
SASSY wrote on Jun 25, 2008 8:36 AM:
writegirl wrote on Jun 25, 2008 9:45 AM:
mole wrote on Jun 27, 2008 10:45 AM:
julietorell wrote on Jun 29, 2008 10:57 AM:
eggy wrote on Jun 29, 2008 5:41 PM:
To SASSY: You don't know Ben. Your ex isn't Ben. Get over yourself and quit judging.
To Julietorell: You obviously don't know these people. Benji DID tell KP to stay with Liberty, and I'm sure that's exactly what they're trying to get done.
To the rest of you judgemental kiddies:
Grow up. Don't say squat unless you know the facts. I'm glad my tax dollars are going towards his appeal, because after reviewing as much as I can on this case, he's an innocent man. "
julietorell wrote on Jun 30, 2008 8:46 PM:
Meeche wrote on Jul 1, 2008 11:00 AM:







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