ASHLAND — A murder trial set to begin July 9 has been continued — again — until October.
Stanley Gardner, 73, faces an aggravated murder charge for allegedly shooting his son, Jason Gardner, in September 2022.
The case will be more than 2 years old once the Oct. 22 trial begins. It centers around a man who has health issues that pose a concern to officials.
Ashland County Common Pleas Judge Dave Stimpert set the July 9 trial date back in April. In his judgement entry at the time, Stimpert wrote: “There have been multiple continuances granted in this matter. This matter will proceed to trial … No further continuances will be granted.”
There have been five continuances in Gardner’s case since it opened Sept. 9, 2022. Three of those have been initiated by Gardner’s attorney, Don Wick.
One of them was filed jointly, when attorneys on both sides of the case had issues securing expert witnesses’ testimony in time for scheduled hearings.
This time, however, the motion to continue the trial date came from Ashland County Prosecutor Chris Tunnell.
He said it’s because two prominent witnesses — a now-retired Ohio Bureau of Criminal Investigation special agent and the sheriff’s lead detective in the case — are unavailable for the trial.
“BCI Special Agent George Staley processed the crime scene at 1272 County Road 1153, Ashland, Ohio,” wrote Tunnell. “He documented the scene and collected and cataloged necessary evidence. The bulk of the evidence from the scene is not admissible without Agent Staley’s testimony.”
Tunnell’s office issued a subpoena to secure Staley’s appearance at the trial. But that subpoena was never forwarded to him because of his retirement with the agency. He lives out of state and he won’t be back to Ohio until July 20, court records show.
The lead detective in the case, Ashland County Sheriff Deputy Andrew Forsthoefel, is on vacation from July 8 to 15, court records show.
“Deputy Forsthoefel interviewed (Gardner), which is an important and necessary part of the state’s case,” Tunnell wrote. “Deputy Forsthoefel, however, has been served with a subpoena and should a continuance be denied, the state may be forced to have Forsthoefel cancel his vacation.”
Tunnell said he has been actively meeting with 10 witnesses for this case, including the BCI special agent and Forsthoefel. Wick said he is working with up to three witnesses for the case.
In a hearing held to discuss the continuance, Tunnell said he didn’t make the motion lightly.
“We would like to get this thing resolved,” Tunnell said.
Wick said he didn’t oppose Tunnell’s motion for a continuance. In fact, Wick said he would have been filing a motion to continue as well, because of an issue securing an expert witness in relation to Gardner’s health.
Gardner’s health
Gardner’s health poses a concern for Stimpert, especially after his attorney reported some issues.
During the hearing, Wick reported his client has been experiencing “significant health issues” and that he is waiting on a medical opinion that would point to whether Gardner’s physician thinks he can stand trial.
Wick said Gardner claims he’s unable to stay awake for more than one hour, has an infection and is in “extreme pain.” The medications for that pain, Wick said, are causing adverse side effects.
“Well, the court’s obviously made its displeasure known previously for what I’ve perceived as a lack of progress in this case,” Stimpert said. “The interests of justice probably dictate that I set aside my extreme reluctance to continue this case and that I grant these motions to continue.”
Judge Stimpert granted the prosecutor’s motion for a continuance, but he ordered Gardner appear for a competency hearing on Aug. 12 to determine whether he is healthy enough to stand trial.
To watch the June 26 hearing in its entirety, click here.