ASHLAND — The trial of a man accused of killing his son in September 2022 was pushed to July during a hearing Thursday, but attorneys might be close to reaching a plea deal.
Stanley Gardner, 72, was initially charged with murder for allegedly shooting Jason Gardner, 39, to death inside his home across the street from Brookside West Park.
Jason Gardner, his son, lived with Stanley Gardner. On the night of the shooting, Stanley Gardner’s soon-to-be daughter-in-law found him “bleeding, bruised, and swollen.”
The man, 71 at the time, pleaded not guilty.
An update on the case
A month later, prosecutors upgraded the charge to aggravated murder, saying Gardner planned the shooting. He pleaded not guilty to the new charge.
In May 2023, Gardner’s attorney, Don Wick, entered a plea of not guilty by reason of insanity.
On Aug. 11, 2023, during a hearing, Judge David Stimpert admitted a finding from a doctor that found Gardner’s state of mind to be “capable of understanding the wrongfulness of his acts.”
Wick requested a second opinion during the hearing, and Stimpert granted it. The court appointed a doctor in September, but the second evaluation was not complete by a hearing in November, where Stimpert described the case as “getting a little long in the tooth.”
Gardner is out on bond after posting a $100,000 bail in September 2022.
Conditions of his release included GPS monitoring and a requirement to not leave his home, where he is under hospice care. He can leave for medical appointments, court appearances and meetings with his attorney.
He attended the November hearing from his home. A cat can be seen walking across his lap at one point during the hearing discussing his mental state.
Also during that hearing in November, Wick said he planned on withdrawing his request for a second evaluation and instead use the appointed doctor as an expert witness during trial “in terms of a defense.”
Plea deal?
Stimpert allowed the motion and set the trial to begin Feb. 27.
But on Thursday, Wick and Ashland County Prosecutor Chris Tunnell said they were negotiating a plea deal, so a trial might not be needed.
Tunnell declined to describe the details of the deal.
Attorneys and Stimpert are expected to schedule a status conference within two weeks to discuss a deal.
Until a deal is reached, however, the case is scheduled for trial beginning July 9.