ASHLAND — The Ashland man accused of killing his son will get his day in court.
Stanley Gardner, 73, faces an aggravated murder charge for allegedly shooting his son, Jason Gardner, in September 2022.
He was ready to agree to a plea deal, requiring him to plead guilty to involuntary manslaughter on March 1. But his attorney — Don Wick — thought the charge would be classified as a third-degree felony.
Ashland County Prosecutor Chris Tunnell disagreed, saying the charge would be a first-degree felony because he used a gun to commit the crime.
Defense and prosecutorial attorneys had until April 12 to resolve their differences. They couldn’t find a resolution — and so now the case is scheduled to go to trial beginning July 9.
“There have been multiple continuances granted in this matter. This matter will proceed to trial … No further continuances will be granted,” wrote Ashland County Common Pleas Judge Dave Stimpert in a judgement entry dated April 16.
Stimpert also ordered Gardner to appear for an examination by the prosecutor’s expert “concerning said battered-person syndrome and its effect on (Gardner).”
The examination is set for May 9.
If he misses the appointment, Stimpert said he will consider it a violation of bond.
“I’ll revoke your bond, you’ll sit in jail and then we’ll be able to evaluate you at that point,” Stimpert said.
Wick said Gardner will get a doctor’s note regarding his health during the trial that might lead to frequent breaks and other accommodations for his condition.
The case will likely be tried inside a conference room on the second floor of the Ashland County Department of Jobs and Family Services, Stimpert said.
The courtroom is currently being refurbished. The room’s ceiling, which officials recently discovered contains asbestos, is bowing and will be closed for up to 15 weeks as crews work to repair it.