Man facing attempted murder charge out on bail |

Man facing attempted murder charge out on bail

Byron Gardner, who is facing an attempted murder charge stemming from a February incident in which police say he tried to kill his wife, bonded out of jail June 30.

Since then several concerned neighbors contacted the PI, noting that Gardner has been allowed contact with his children.

According to authorities, the 41-year-old Glenwood Springs man tried to kill his wife by keeping her in a running vehicle in their closed garage in February.

Gardner also faces two counts of misdemeanor child abuse stemming from this incident. His two children also were in the home.

A Glenwood Springs firefighter who responded to the scene said he found the highest concentration of carbon monoxide he’d ever seen in a home.

Gardner’s bond was initially set at $500,000, but 9th Judicial District Judge Denise Lynch lowered it to $100,000 on June 27.

Lynch also granted a defense request and modified Gardner’s protection order to allow contact with his children, though his wife is still a protected party.

The modified protection order allows him to have contact with his children at the home, provided that his wife is not present, and he’s not allowed to talk about the case with them.

Ninth Judicial District Attorney Sherry Caloia said the process for deciding when to lift a restraining order becomes very complicated when it involves a defendant’s children.

Theoretically, in a case like this you would want to keep a protection order in effect, Caloia said.

“You can’t use logic when kids are involved.”

Caloia said she feels strongly that you have to approach these situations on a case-by-case basis and look at the circumstances of the family when deciding what is beneficial or harmful to the children.

The court also often relies on input from the family’s therapist and the department of human services, she said.

Elise Myer, public defender, said in a bond hearing Thursday that the DA’s office had extended a plea offer to her client.

Caloia would not give details about this plea offer, but she said her office is negotiating with the defense.

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