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Glenwood Springs man gets probation in drug assault on wife

Byron Gardner

Garfield County Judge Denise Lynch on Wednesday sentenced Byron Gardner, a 42-year-old Glenwood Springs man arrested a year ago and originally charged with attempted murder of his wife, to three years’ probation.

From a couple rows of Gardner’s friends and family in the courtroom came an audible gasp as Lynch handed down the light sentence. District Attorney Jeff Cheney said after the hearing that this was an unexpected and disappointing sentence.

According to Glenwood Springs police, Gardner tried to kill his wife in February 2016 by keeping her in a running vehicle in their enclosed garage. Emergency workers found extremely high carbon monoxide levels in the home, with the couple’s two children inside.

Gardner later told police that he believed his wife was going to leave him and he left the car running to keep his wife warm.

Before leading her into the garage with two running vehicles, Gardner ground up a sleeping pill into a ginger, honey and lime tea for his wife, according to an affidavit.

Eventually she became disoriented and tried to leave, but Gardner repeatedly restrained her, according to police.

Explaining her sentencing decision, Lynch step by step explained the purposes of a prison sentence, finding each to not fit with Gardner’s case — not for punishment, community safety, rehabilitation or deterrence.

The defense argued that Gardner never intended or attempted to kill his wife.

Public Defender Elise Myer said some of the evidence on which the prosecution was relying to prove its case was flimsy. Prosecutors pointed to a towel near the garage door that appeared to have been placed to seal the garage. Myer said the prosecution hadn’t mentioned another opening that would vent air and had been left open.

John Robison, a close friend of Gardner’s, said after the hearing that he had placed the towel while helping Gardner remodel the home.

There are two clearly opposing versions of what happened that night and to believe the version that this was not intentional is incomprehensible, DA Cheney said. He highlighted that two vehicles had been left running in the garage.

Cheney said he specifically disagreed with the judge’s reasoning that there was no deterrence value in a prison sentence.

After the sentencing Gardner quoted Charles Dickens, describing the last year of his case unfolding, saying “it was the best of times, it was the worst of times.” He expressed gratitude for the support he received from friends and family during his case.

Cheney also pointed out that Gardner’s plea deal was extended by former District Attorney Sherry Caloia. The DA said he would not offer a similar deal.

In December, Gardner pleaded guilty to felony second-degree assault, drugging a victim.

He was initially charged with attempted first-degree murder, first-degree assault with a deadly weapon, both felonies, and two counts of misdemeanor child abuse.

His arresting charges also included two counts of child abuse because of the children’s presence in the house. When police arrived carbon monoxide detectors were sounding.

His wife was vomiting and disoriented when she called the police and said she believed her husband had “dosed her drink.”

Glenwood Springs Fire Department personnel found carbon monoxide levels of more than 900 parts per million, levels that one firefighter said he had never seen in a house before.

“If the family had not been evacuated, they would have fallen asleep and never woken up,” the firefighter said according to an affidavit.

The family was rushed to Valley View, and Gardner and his wife had to then go to Swedish Medical Center in Englewood for treatment in a hypobaric chamber.


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