John Steven Gardner

Case record: John Steven Gardner

Background

John Steven Gardner was accused of causing the death of Tammy Dawn Gardner, 41, who was shot in the head at her home in the 9100 block of Farm-to-Market Road 2862 in Collin County shortly before their divorce was to become final in 2005. During trial and sentencing proceedings, prosecutors and witnesses described long abuse by Gardner toward his wife, and testimony indicated she repeatedly said she would not make it out of their marriage alive.

Gardner had previously been convicted of shooting his first wife in Mississippi in 1983. At the time of the shooting death trial involving Tammy Dawn Gardner, Gardner argued that he would not be a danger in prison and that there was no need to give the death penalty.

The offence

Tammy Dawn Gardner was shot in the head. After she was shot, she called 911 and named "Steve" as her assailant and described his pickup. She told the dispatcher she could not hear because her ears were still ringing from the gunshots and that her head hurt and "there was blood everywhere." Tammy Gardner slipped into a coma and was taken off life support two days later. She died from a single gunshot to her head.

An account of the bullet path stated that the bullet hit her in the right front temple, traveled downward through her brain and exited below her left ear. The account further stated that the bullet went through the pillow and out the bedroom window, and that the bullet was never recovered.

Prosecutors claimed Gardner shot Tammy because she had filed for divorce.

The case was prosecuted as a capital crime because, prosecutors said, the murder was committed along with a burglary or retaliation against the victim.

Investigation

Witnesses from the Mississippi and Texas Department of Public Safety crime labs presented physical evidence at trial. The strongest link presented to place Gardner at Mrs. Gardner's home on the night of her murder involved fibers.

Red fibers were discussed that looked "similar" to the fibers from a red robe Tammy Gardner was wearing when police found her bleeding profusely from a gunshot wound to the head. Greg Nester, a former Mississippi Bureau of Investigation crime scene investigator, discussed his processing of the vehicle. He said he processed the vehicle on Jan. 28 after Jones County sheriff's officials impounded Gardner's Ford pickup. Nester said he found several fibers on the seats of the pickup and fingerprints from the exterior of both doors and the interior edge of the driver's door. He also said no blood was found in the pickup.

Michael Villarreal, a former Texas Crime Lab trace evidence examiner who worked as a forensic chemist with the U.S. Army Crime Lab, compared the red fibers collected from the pickup with the fibers on Tammy Gardner's housecoat. Villarreal concluded they had similar sizes, colors and polymers. His opinion was that the fibers could have come from the housecoat, but under cross-examination by defense counsel Bob Hultkrantz, Villarreal said he could not determine if the fibers came from Mrs. Gardner's coat, which left "some 'reasonable doubt.'"

Prosecuting attorney Gail Leyko presented the murder weapon before the jury, described as a .44 Ruger Redhawk Magnum revolver belonging to Gardner's brother-in-law, David Holliefield. Former Jones County sheriff's investigator Jason Strickland, who currently worked as an agent for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, said they found 5 loaded rounds and one spent round in the weapon.

Lt. Parish Cundiff of the Collin County Sheriff's Office later said during cross-examination that no gunshot residue or blood was found in Gardner's truck.

Former Collin County Deputy Sheriff Diane Stubbs testified that investigators were unable to find the bullet that killed Tammy Gardner. Stubbs said investigators used a metal detector and a heat sensor, but both searches turned up nothing.

The state closed its case with an interview involving Cundiff who investigated Tammy Gardner's murder back in 2005. Cundiff said he tried to call Gardner on his cell phone around 5:15 a.m., Jan. 24, 2005, using a number he obtained from Gardner’s father, John Steven Gardner Sr., of Laurel, Miss., whom Gardner was living with at the time. Cundiff said the phone call only lasted a few seconds. The prosecution played a recording of the call for the jury, with the following exchange:

Cundiff: "Hey, John?" Mr. Gardner: "Who?" (dial tone, Cundiff hangs up)

Cundiff also described a second call that came from the Jones County Sheriff's Office around 1 p.m. the same day. A sheriff's deputy said Gardner wanted to turn himself in to Texas authorities. Howard played the second tape for the jury. In the second call, Gardner told Cundiff he was in Jackson or Vicksburg and that he was "just driving" when he received the first phone call. Cundiff asked about Gardner’s presence in Texas since credit card records showed he made two purchases at a Marshall gas station on Jan. 23. Gardner laughed and said:

"Lord have mercy, I'm going to have to have a lawyer, ain't I?"

During the call, Cundiff told Gardner his wife had been shot and asked if Gardner knew what happened to her and that he would find out from Mrs. Gardner if she ever regained consciousness. Gardner said:

" she can tell if she wants to."

The call ended with Gardner saying:

"Uh, this sheriff in here wants to talk to you a minute, hold on."

Arrest

John Steven Gardner was arrested in Mississippi the same day his wife was taken off life support.

Trial

The capital murder trial took place before the 219th District Court. The trial involved 3 days of testimony, 19 witnesses, and more than 60 pieces of evidence. Both sides rested, and closing arguments were scheduled for 9 a.m. Thursday in the 219th District Court.

Gardner entered a plea of not guilty before Judge Curt Henderson on Tuesday. Prosecuting attorney Curtis Howard said the state was seeking the death penalty. The jury consisted of 5 women and 9 men, with 2 alternates.

Fibers found in Gardner's truck were described as the only physical piece of evidence presented before the court as the strongest link placing him at his wife's home on the night of her murder. During testimony, multiple witnesses discussed the fibers and other investigative details.

Evidence and witness testimony

The state called Joy Flavill, the wife of McKinney neurologist Dr. Paul Flavill, who testified about statements Tammy Gardner confided. Joy Flavill said Tammy Gardner confided "more chilling details" of abuse suffered at the hands of her husband, echoing testimony given by some of Tammy Gardner’s friends and family.

Joy Flavill testified she was told of several symptoms Tammy Gardner had, including migraines, sleeplessness, anxiety and depression. Flavill said Mrs. Gardner worked through a referral from an optometrist to Dr. Paul Flavill’s practice and she also suffered from left peripheral vision.

Flavill testified that Mrs. Gardner said she sustained some injuries after falling off a horse and 3 car accidents. As she prepared to leave, Flavill testified Mrs. Gardner told her Mr. Gardner caused the injuries. Flavill testified that Mrs. Gardner "was crying the whole time" as she told her how her husband beat her with a gun, pulled her hair and hit her head against a wall and "smacked" her in the head.

Flavill testified that Mrs. Gardner said:

"no one would be there to protect the children. [Her husband] not only threatened to kill her, but her son (John White) as well."

Flavill also said Tammy Gardner told her that Gardner would have sex with her with a gun. Flavill testified that Gardner would sometimes threaten her with the gun if she didn't want to have sex. Flavill testified she did not call the police herself or take Mrs. Gardner to a battered women's shelter because she said she did not have the legal authority to do either.

During cross-examination by Bob Hultkrantz, Flavill equated taking someone to a shelter against their will as "kidnapping." She also testified that Tammy Gardner told her she did not feel comfortable telling Dr. Flavill the true nature of her injuries, which is why it was not detailed in a neurological evaluation report.

The prosecution played recordings of the phone calls described by Cundiff, and those calls included direct statements attributed to Gardner.

Sentencing

During sentencing, the jury learned that Gardner was convicted of shooting his first wife in Mississippi in 1983. Rhoda Gardner was only 18 and pregnant at the time of her death.

At sentencing, Gardner argued he would not be a danger in prison, so there was no need to give the death penalty.

Gardner was sentenced to death in Texas on November 20, 2006.

Appeals

The Texas Court of Criminal Appeals affirmed the capital murder convictions and death sentences of John Steven Gardner and Howard Paul Guidry. The court also affirmed that Howard Paul Guidry and John Steven Gardner received death sentences.

Outcome

John Steven Gardner remained sentenced to death in Texas following the denial of death row appeals by the Texas Court of Criminal Appeals.

Other details

Tammy Dawn Gardner was shot on Jan. 23, 2005. She died 4 days later at Parkland Memorial Hospital after she was taken off life support.

The testimony regarding the bullet and the bedroom window described that the bullet went through the pillow and out the bedroom window.

Jason Strickland testified about the weapon ammunition, and Lt. Parish Cundiff testified about absence of gunshot residue or blood in the truck.

The prosecution and defense were led by Curtis Howard (prosecuting attorney) and Gail Leyko (prosecutor), and by defense lawyers Bob Hultkrantz and W.B. "Bennie" House.

In the 911 call narrative, Tammy Gardner named "Steve" as her assailant and described his pickup.