ASHLAND — The Ashland man accused of killing his son is ready to plead guilty to involuntary manslaughter.
But attorneys disagree on the felony level to the new charge, which means another delay to the case that is now 16 months-old.
Stanley Gardner’s attorney, Don Wick, accepted a plea deal during a Friday morning hearing — to Ashland County Prosecutor Chris Tunnell’s surprise — but misunderstood the felony level to the new charge.
“The defendant will be entering a plea of guilty to an involuntary manslaughter charge,” Wick said, addressing Ashland County Common Pleas Judge Dave Stimpert.
“First-degree involuntary manslaughter?” Stimpert replied.
“F-3, your honor,” Wick said.
“Oh,” Tunnell said, surprised.
Wick said he and Tunnell had been discussing the plea deal “back and forth.”
Tunnell said he had sent an email to Wick with “the specific code section” of an involuntary manslaughter charge, which indicated the charge would be a first-degree felony.
What the law says
Ohio law codifies involuntary manslaughter in two different ways.
If someone kills someone else while committing or attempting to commit a felony, that person could be tried for involuntary manslaughter in the first degree.
If convicted, the offender would face three to four-and-a-half years in prison on the less-severe side. The maximum sentence could amount to 11 to 16.5 years imprisonment.
But if someone kills someone else while committing or attempting to commit a misdemeanor, that person could be tried for involuntary manslaughter in the third degree.
If convicted, that person would face a much less severe punishment — and possibly not go to prison.
‘He shot a guy’
Tunnell, in an interview after the hearing, said an F-3 was never on the table in this case.
“I mean, there’s a firearm specification. That carries a mandatory three years (in prison) served consecutively to whatever is imposed on the felony offense,” he said.
Gardner initially faced a murder charge. The indictment came shortly after the September 2022 shooting that left Jeremy Gardner, Stanley’s son, dead.
In November 2022, the prosecutor’s office upgraded the charge to aggravated murder, saying evidence suggested Stanley Gardner planned the murder.
“He shot a guy,” Tunnell added. “There’s no scenario where we’re going to be at an F-3.”
Wick, Gardner’s attorney, was not immediately available to comment.
What’s next
The case is delayed, once again.
Judge Stimpert gave the attorneys until April 12 to come to a resolution. If that can’t happen, the case goes to trial — which is scheduled to begin July 9.
At that point, the case will be 18 months old. Tunnell acknowledged the case is getting old, but he said that factor doesn’t matter.
“I’d be more than happy to show up and proceed (with a trial) if necessary,” he said.