Gardner clears himself, attorney for October murder trial

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

Yet Ashland County Prosecutor Chris Tunnell still believes a competency evaluation for Stanley Gardner, 73, is prudent.

“Generally speaking, everybody that has a question of their competency think they themselves are competent,” Tunnell said during a Wednesday hearing.

Ashland County Court of Common Pleas Judge Dave Stimpert took Wednesday to consider the need for a competency evaluation. By Thursday, he ordered Gardner to undergo an evaluation and set a hearing to discuss it on Sept. 30.

Don Wick, the attorney representing Gardner, said that his elderly client is fit to stand trial and that such an evaluation isn’t needed. 

Gardner’s trial is set to begin Oct. 22.

This comes a month after Wick expressed concern over Gardner’s “significant health issues,” a leg infection causing “extreme pain” and his inability to stay awake past an hour because of the pain medications prescribed for the infection.

During the July hearing, Wick also told Stimpert he awaited a medical opinion that would point to whether the defendant’s physician thinks he can stand trial. 

By Wednesday, Wick hadn’t received a medical opinion. But he had his own.

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

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

Wick originally filed the NGRI plea in May 2023. By August of that year, a doctor found Gardner’s state of mind to be “capable of understanding the wrongfulness of his acts.”

Time for a new attorney?

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

“As of this date, July 26th, I have not been advised by my attorney that the examination was needed,” he wrote. “I only found out about it on July 4th by reading it in the Ashland Source.”

Gardner said the court informed him an evaluation would be performed by the same doctor who conducted the NGRI report. Additionally, he had been contacted by Wick on July 9, but his attorney had only shared that his trial had been pushed to October. 

“I am receiving more information from a newspaper report and your office than I do from my current counsel Don Wick,” he wrote.

Still, Gardner said Wednesday all his concerns have been addressed through “lengthy conversations” with Wick and that he didn’t wish to hire new counsel. 

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

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

The conversation was postponed to July 9, when Gardner replied to a text from his attorney that asked if he had been released. 

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

The defendant never heard back from him, which, in part, prompted his motion for new counsel on July 26.

Standing trial

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

“It’s still a factor,” he said, adding this question depends on whether pain medications prescribed for the leg keep him awake during the night.

If that’s the case, remaining awake for an eight-hour day in court might prove difficult, Wick said. 

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

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

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

The crime

To review, Gardner faces an aggravated murder charge for allegedly shooting his son, Jason Gardner, 39, to death. The shooting occurred Sept. 2, 2022 in a home across the street from Brookside West Park.

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

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