Jurors have been selected and testimony began this morning in the second-degree murder trial of 33-year-old Zachary Gardner of Winfield.
A 12-member jury – and two alternates – heard opening statements Monday afternoon before being sent home for the day. Gardner is accused of murder in the January 2017 death of his wife, 33-year-old Melissa Gardner.
Witnesses have begun to take the stand as the state presents its case at the Cowley County courthouse in Winfield.
OPENING STATEMENTS MONDAY
Defense attorney Chad Giles informed jurors that Zachary Gardner plans to take the stand. Gardner was in the Army and spent time in Iraq, where he was involved in three IED explosions.
Giles said Gardner was medically discharged from the military and suffered from nightmares and PTSD. During jury selection, prospective jurors were asked if they were familiar with PTSD and brain injuries.
Giles said both Zachary and Melissa were meth users. The defense said Melissa was partying with others the night of her death.
The defense contends Zachary awoke from a nightmare to find Melissa had been shot and was screaming. He is said to have tried to render aid to his wife.
Cowley County attorney Larry Schwartz said he would be attempting to point out inconsistencies in Zachary Gardner’s story.
Schwartz said because of the partying going on in the house, Zachary had gone to bed with a gun under his pillow. Spent bullet casings were found in the home.
Melissa Gardner’s body was discovered when her sister arrived at the couple’s home to get money to take the kids skating. There was a blanket in the hallway off the bedroom.
Melissa’s sister felt a foot touch her and realized it was her sister. She exited the home and called 911.
Gardner
