Alleged jailhouse drugs could bring murderer third strike

A 49-year-old man awaiting sentencing next year for the 2005 second-degree murder of a 19-year-old college student during a methamphetamine-fueled highway crash could face a third-strike and possibly spend life in prison if convicted of fighting with jail officers who saw him trying to flush prescription drugs down his cell toilet.

Mark Eugene Henderson, of San Jose, pleaded not guilt to assault and battery charges against a custodial officer, drug possession and preventing an officer from performing his duties. He returns to court Jan. 23 for a preliminary hearing on the new case and Feb. 22 for sentencing on the previous conviction.

On Nov. 29, according to the District Attorney’s Office, Henderson got into a fight with correctional officers conducting a routine search of jail cells after they saw him trying to flush drugs down his cell toiled. One officer suffered a back injury and a complete cell search turned up a stash of prescription drugs hoarded by Henderson, according to prosecutors.

Henderson already faces 30 years to life as second-striker for the conviction of second-degree murder in the death of Rebecca Seibenmorgen, a University of California at Santa Cruz student who was struck on Highway 1 Oct. 1, 2006.

Although the sentence is steep, the new charge could lead to another strike and mandatory 25 years to life in prison sentence.

Henderson struck his pickup truck head on into Siebenmorgen’s motorcycle, leaving her dead at the scene. The jury deliberated less than two days before finding Henderson guilty of gross vehicular manslaughter while intoxicated, driving under the influence causing injury, fleeing the scene of an accident causing death and drug possession.

Prior to this arrest, Henderson was charged in 1983 with assault with a deadly weapon in Santa Clara County.