North Bend intruder had committed similar crime before
A late-night intruder fatally shot by residents of a North Bend home Friday night had committed a similar crime eight years ago in Benton County.
Seattle Times staff reporter
A North Bend man who was fatally shot late Friday after allegedly breaking into a stranger's home committed a similar crime in Benton County nine years ago.
That time, Joshua Shane Henderson managed to escape — even though victims James and Linda Mackey had armed themselves with a revolver and a shotgun.
This time, King County sheriff's deputies found the 30-year-old dead inside a couple's home in the 400 block of Southeast Orchard Drive, in North Bend. The King County Medical Examiner's Office identified the slain man as Henderson.
Shortly after 11:30 p.m. on Friday, the intruder hurled a propane canister through a sliding-glass door of the home, said King County Sheriff Steve Strachan. Inside, the man stripped off some of his clothing and started to destroy the inside of the home while screaming threats, the Sheriff's Office said.
Henderson, who has a history of mental illness, is believed to have been drunk at the time and possibly high on cocaine, Strachan said.
The 46-year-old tenant of the North Bend home armed himself, and he and his girlfriend retreated into a bedroom area to dial 911, Strachan said. The resident repeatedly ordered the man to leave and said he was armed, but the intruder still forced his way into the bedroom by kicking the door. That was when the resident fatally shot him, the Sheriff's Office said.
The shots were heard by deputies already in the area in response to two other 911 calls about an unknown man's frightening behavior. Henderson had apparently had earlier caused a disturbance at a gas station and then tried to break into another home.
The man who shot the intruder was distraught, Strachan said. "Using deadly use of force was the last thing he wanted to do."
The King County Medical Examiner's Office has not released the results of a toxicology analysis which could illustrate if Henderson was intoxicated and, if so, what he had been on.
Henderson's friends told sheriff's deputies he'd been drinking heavily Friday night at a restaurant and comedy club in Kirkland. The friends said he was also using cocaine, Strachan said.
Sheriff's investigators have said it appears the tenant was acting in self-defense when he shot Henderson, but it will be up to King County Prosecutor Dan Satterberg to determine whether criminal charges are warranted. Satterberg, in an interview Monday, was quick to say that "a person may use all reasonable force to repel an invasion of their residence, including deadly force."
"The law is strong and clear. You don't have to wait to be physically attacked by an intruder; you're entitled to believe that they intend to do you harm," Satterberg said. "The only limitation on that is a focus on reasonableness. You look at whether there was a reasonable fear that the homeowner was about to be injured."
Relatives of Henderson could not be reachedMonday.
Henderson has prior convictions in King County Superior Court for third-degree assault and drug possession. The terrifying early hours of May 4, 2003, when she and her husband were awakened by the same intruder, remain vivid in Linda Mackey's mind. Henderson, a stranger to the couple, broke into their Benton County home through an unlocked window , Mackey said Monday. Inside, Henderson stripped and wiped excrement all over the home. When he reached the sleeping couple's room he flipped on the light. He saw them and then walked out, Mackey said.
James Mackey grabbed a revolver and then a shotgun while his wife dialed 911.
Henderson was arrested later that morning "half nude" in a neighbor's motor home, according to charges filed in Benton County.
Henderson told investigators he'd been drinking the night before and could not remember anything after 2 a.m. Linda Mackey said they were awakened around 3:30.
In that case, Henderson pleaded guilty, was sentenced to six months in jail and forbidden from contacting the Mackeys for 10 years, according to court filings.
Linda Mackey felt that the sentence didn't send a strong enough message and that the intruder was likely to reoffend.
Notified Monday about the North Bend break-in, she said she wasn't surprised.
Seattle Times news researcher Miyoko Wolf
contributed to this report.
Jennifer Sullivan: 206-464-8294 or email@example.com. On Twitter @SeattleSullivan.
Information in this article, originally published April 2, 2012, was corrected April 3, 2012. A previous version of this story said that Joshua Shane Henderson had committed a similar crime in 2004. That crime occurred in 2003.