Gardner clears up, attorney for October murder trial

ASHLAND – The Ashland man accused of killing his son cleared his mind and his attorney for his October trial.

However, Ashland County District Attorney Chris Tunnell still believes a competency evaluation for 73-year-old Stanley Gardner is prudent.

“By and large, everybody who has a problem with their competency thinks they are competent,” Tunnell said during a hearing Wednesday.

Judge Dave Stimpert said he will take a competency evaluation for Gardner under advisement and rule on the matter later.

Don Wick, the attorney representing Gardner, said his elderly client is fit to stand trial and that no such evaluation is necessary.

Gardner’s trial is scheduled to begin on October 22.

This comes a month after Wick raised concerns about Gardner’s “significant health issues”, a leg infection causing “extreme pain” and his inability to stay awake after an hour due to medication for pain prescribed for infection.

During the July hearing, Wick also told Stimpert that he was awaiting a medical report indicating whether the defendant’s doctor believed he could stand trial.

As of Wednesday, Wick had not received a medical opinion. But he had his own.

“At least in my opinion, there is no need for further competency assessment,” Wick said.

In fact, Wick plans to withdraw his client’s “not guilty by reason of insanity” (NGRI) plea.

Wick originally entered the NGRI plea in May 2023. By August of that year, a doctor found that Gardner was “capable of understanding the illegality of his acts.”

Time for a new lawyer?

Between the July hearing and Wednesday, Gardner requested a new attorney. Gardner wrote that he didn’t even know a competency evaluation was required because Wick never told him about it.

“On this date, July 26, I was not informed by my attorney that the examination was required,” he wrote. “I only found out about it on the Fourth of July reading it in the Ashland Source.”

Gardner said the court informed him that an evaluation would be performed by the same doctor who performed the NGRI report. In addition, he was contacted by Wick on July 9, but his lawyer said only that his trial had been postponed until October.

“I get more information from a newspaper report and your office than from my current attorney Don Wick,” he wrote.

Still, Gardner said Wednesday that all of his concerns have been addressed through “lengthy conversations” with Wick and that he does not want to hire a new adviser.

Wick characterized his client’s concern as a “communication problem” complicated by conflicting schedules.

In his motion seeking new counsel, Gardner said he was hospitalized between July 1 and July 8 due to “an infection from an ulcer in his right heel that is healing very slowly.” He was scheduled to speak with Wick on July 8 after his release.

The conversation was postponed until July 9, when Gardner responded to a message from his lawyer asking if he had been released.

“I replied (four) minutes later asking him to give me a new date and time we could talk,” Gardner wrote.

The defendant never heard back from him, which in part prompted his request for a new attorney on July 26.

On trial

Gardner’s mind may be sound, but his physical ability to literally stand trial is still a concern because of the foot infection, Wick said.

“It’s still a factor,” he said, adding that that question depends on whether the prescribed pain medication for his leg is keeping him awake at night.

If that’s the case, staying awake for eight hours a day in court could prove difficult, Wick said.

“That’s one of the issues I want to address with the doctor,” Wick said. “The doctor has now asked me to present a list of my concerns. He will then see Mr. Gardner and give me guidance on how best to deal with this matter.”

Stimpert set another hearing for Sept. 30 to discuss medical issues and possible accommodations during the trial.

The judge asked Wick to file a motion with the court before the Sept. 30 hearing that lists accommodations for his client. Wick said he would.

Crime

To review, Gardner faces a charge of aggravated murder for shooting his son, Jason Gardner, 39, to death. The shooting happened on September 2, 2022 at a home across from Brookside West Park.

The defendant was initially charged with a lesser charge of murder. But investigators later claimed the killing was premeditated and upgraded the charge to aggravated murder with gun specifications.

If convicted, Gardner could face life in prison without parole or the option of parole after 20, 25 or 30 years in prison, depending on how the court decides to sentence him.