Locke frees imprisoned killer early

OLYMPIA — A man convicted of killing a drug dealer has been granted clemency by Gov. Gary Locke and released from prison nearly 10 years early.

Terrence Gardner, 35, convicted of felony murder, sentenced to 24 years in prison and scheduled for release in November 2012 with time off for good behavior, went free May 21. He now lives in Tacoma and works selling and leasing cars for a dealer in Puyallup.

It was the 24th time Locke, a former King County deputy prosecutor, has granted clemency in more than 6-1/2 years in office.

Gardner, 35, was credited with learning to be a welder, becoming active in the prison ministry, avoiding infractions and paying child support while behind bars.

"I've never seen anything close to this performance," said Robert Winsor, a retired state appeals-court judge who is chairman of the state Clemency and Pardons Board.

Among those asking the panel to consider clemency was Kitsap County Prosecutor Russell Hauge, Gardner's court-appointed lawyer when he stood trial.

Gardner, a Navy veteran with no prior convictions, always maintained that he did not commit the killing.

He and Gerald Lee "Sonny" Belgard were arrested after Michael Osborne was robbed of jewelry and other items and was stabbed six times with a butcher knife in his apartment in Bremerton on March 5, 1992.

Belgard pleaded guilty and testified that Gardner was the killer. Gardner said he waited in a car outside while Belgard did the killing. The conviction was based on the jury's belief that Gardner was a participant in the robbery that accompanied the killing.

Both were sentenced to 24 years, three months and 15 days in prison. Belgard, who originally faced a longer sentence because of a prior criminal record, is being held at Airway Heights outside Spokane, prison officials said.

Gardner admitted he and Belgard had traded Gardner's gold chain for three pieces of rock cocaine, then returned to complain about the quality of the illegal drug.

No one from the victim's family opposed clemency for Gardner, said Sheryl Gordon McCloud, his appeals lawyer.