Prosecutor: Evidence points to recklessness, not intent, in Bellingham slaying

PETER JENSEN

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BELLINGHAM - The man accused in the 2007 slaying of Jessica Franklin was charged with first-degree manslaughter instead of murder because evidence indicates his actions were reckless, not intentional, the county prosecutor said.

Under Washington state law, the Whatcom County Prosecutor's Office would have to prove that Nathan Robert Goninan, 22, had a premeditated intent to kill Franklin, 17, to convict him of murder.

"Looking at evidence in the case, we believe it was reckless intent, which would be in the manslaughter category," Prosecutor Dave McEachran said.

McEachran would not comment on what evidence indicates that scenario because the case is pending.

Franklin was found strangled to death underneath a freeway overpass on the 1700 block of Lincoln Street on Sept. 9, 2007.

Goninan is currently serving an 11-year prison sentence in Oregon for unrelated assault and weapons convictions.

McEachran said Goninan will be extradited to Whatcom County in time to be tried in Superior Court in October.

If convicted, Goninan could face between 81/2 and 231/2 years in prison, McEachran said.

According to charging documents filed in Superior Court:

Franklin's friends told police they saw her with Goninan at a barbecue on Sept. 8. He had been released from a Snohomish County jail that morning.

Franklin and Goninan were last seen together outside the Horseshoe Cafe in downtown Bellingham at about 9:30 that night. They were supposed to return to the barbecue at 11 p.m. but didn't.

Bellingham police found Franklin's body the next day. They also found an ATM receipt near Franklin's body that belonged to Goninan. A DNA sample from him matched fluids from Franklin's body.

Goninan has been incarcerated in Oregon since he was arrested for malicious mischief in Salem last September.

This gave prosecutors and Bellingham police detectives enough time to build the case against him, McEachran said.

"It certainly helped to know where he would be for a period of time," McEachran said. "That makes it a lot easier."

Reach Peter Jensen at 715-2264 or peter.jensen@bellinghamherald.com