By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – The Vader man who won an appeal after getting sentenced to almost 35 years in prison for the abuse and death of a 3-year-old boy wants more time to decide what to do.
Danny A. Wing was granted the opportunity to withdraw his guilty plea and in October was given 30 days to do that by Lewis County Superior Court Judge Andrew Toynbee.
His deadline was Monday.
Instead, Wing’s lawyer filed a notice of his request for discretionary review by the Washington State Court of Appeals of Toynbee’s decision, Lewis County Senior Deputy Prosecutor Sara Beigh said.
Oral arguments are scheduled to be made by Beigh and Vancouver defense attorney Sean Downs to the court of appeals on Dec. 20.
Wing wants a year to make his mind, Beigh said.
Lewis County Prosecutor Jonathan Meyer has said if Wing withdrew his plea, prosecutors would take the case to trial. The charges he was convicted of are first-degree manslaughter and third-degree child assault. The original charge included homicide by abuse as an alternative.
His wife Brenda A. Wing got the same sentence as her husband and has won the same opportunity to withdraw her pleas.
Jasper Henderling-Warner died in October 2014.
The Vancouver-area family had been living in Vader about two weeks when the Wings called 911 on Oct. 5, 2014 to say the toddler was unconscious and not breathing. Jasper’s 21-year-old mother had given the couple temporary custody while she was homeless and looked for work out of state. Jasper died at Providence Centralia Hospital.
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For background, read “Jasper: Defendant who won appeal in toddler death has a decision to make” from Saturday October 14, 2017, here