BOULDER, Colo. -- The attorney for a Marine accused of faking his own disappearance to avoid returning to his unit said that the Marine was in the process of turning himself in when he was arrested with his father at an airport in the state of Washington.

Lance Hering, 23, was arrested Sunday afternoon at the Port Angeles Airport, Boulder County sheriff's officials said. He was in a rented airplane with his father when they was taken into custody moments before taking off, Port Angeles police said.

The Peninsula Daily News reported Monday that Hering's father, Lloyd Hering, had flown there in a rented Cessna. Port Angeles police Detective Jesse Winfield said the father, a pilot, had just fueled up and the two were preparing to depart but wouldn't say where they were headed, citing an investigation. Officers saw Lance Hering say goodbye to a woman before he boarded the plane, Winfield said.

Hering's attorney said he was returning to Boulder.

"When arrested, Lance was on the last leg of his long and lonely journey as a fugitive. He was just days short of his planned voluntary surrender. He knew what he had to do and was in the process of doing it," said Alex Garlin, Hering's attorney.

Hering is being held on a warrant for contempt of court on a burglary charge from 2004, and a U.S. Marine Corps warrant for desertion. He will face a military court and could face more serious penalties for deserting during wartime.

According to the Military Code of Justice, "any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct."

He faces a range of penalties from prison time to dishonorable discharge, military officials had said earlier.

Boulder County also has a warrant for a false reporting charge, but the federal charges would take priority, said Ron Sukert with Port Angeles police. Garlin said he would represent him on the local charge but could not represent him in that military court because that is a special jurisdiction.

"We knew that he would turn up eventually," Boulder County Sheriff Joe Pelle told Daily Camera. "The case against him is basically made."

Hering's father, 60-year-old Lloyd Hering, faces a misdemeanor charge of aiding and abetting. He was released from jail Monday morning.

Boulder County officials received an anonymous tip over the summer that Hering was seen camping outside Olympic National Park in Washington state, near the airport where he was arrested. Then, two months ago, they received a tip that he had been spotted in the Port Angeles area, said Phil West, Commander Boulder County Sheriff's Office.

However, detectives would not say how long they've been tracking Hering and what led them to believe that Hering was at the airport. West said finding Hering was not a high priority.

It's not known yet how long Hering and his family have been communicating, and if Hering's family had supported him financially over the past two years. Investigators want to talk to Lloyd Hering to find out when he found out about his son's whereabouts, West said.

Port Angeles is near the Canadian border and about 80 miles from Seattle.

Marine Afraid For His Life?

Hering, a lance corporal and Iraq war veteran, was home on leave from Camp Pendleton, Calif., when he disappeared in 2006.

At the time, Hering's friend, Steve Powers, reported that Hering had fallen during a rock-climbing accident in Eldorado Canyon State Park and hit his head. Powers said he went to go get help, but when he returned with rescuers, Hering had wandered away. The report prompted a five-day search that involved roughly 600 volunteers from 40 different agencies. It was the largest search effort ever in Boulder County, encompassing the canyon area southwest of Boulder.

Five days later, after police questioned him about his changing story, Powers admitted to lying. He pleaded guilty to false reporting last year. He was ordered to pay restitution and perform 200 hours of community service. He said he was just helping a friend because he didn't want Hering to get killed.

Hering had served a seven-month tour of duty in Iraq.

According to the Daily Camera and the Denver Post Hering had told Powers that his unit, Kilo Company, 3rd Battalion, 5th Marine Regiment, had been involved in the shooting death of a female Iraqi civilian. Hering said he witnessed it and was afraid of the eight fellow soldiers accused in the shooting.

In September 2006, Boulder County Sheriff's Office found a videotape showing Hering buying a bus ticket on the same day of his disappearance, Aug. 30.

The Boulder Sheriff's Office said it cost $33,000 in manpower and fuel to search for Hering. Back in 2006, the District Attorney's Office stated once Hering was found, the office would go after him for the charges.

Court documents revealed a conversation with Hering's girlfriend claimed he planned to fake his death to collect insurance money.

His family set up a Web site to deliver a message to their son to show him that they loved and supported him.

"Lance, all the help we can muster -- and that is a LOT -- is available for you here or from us. You do not have to say where you are. Call us or e-mail us -- your parents, your brother, or your friends. This includes financial, legal, transportation, homemade cookies, whatever!" the site said.

The family's blog was last updated in 2007. The family had hoped to communicate to Hering but also warned users, perhaps their son, that "posting a blog or comment may lead a tracker to your computer's location."

Veterans For Peace, a national group, also offered its support for Hering on a blog.

"This war is unprecedented in terms of the amount of stress that is being placed on the young men in the service. They are being sent back for tour after tour after tour," George Newell, a former captain with the Marine Corps, told the Camera.

Since Hering's disappearance, his unit has been deployed to and returned from Iraq at least twice.