Winfield’s Zachary Gardner was sentenced Tuesday to just over 10 years in prison for the death last year of his wife, 33-year-old Melissa Gardner.
Mr. Gardner’s 123-month sentence was handed down by Cowley County Dist. Court Judge Nick St. Peter following a four-hour sentencing proceeding at the Cowley County Courthouse. An attorney for Gardner had asked that his client receive a reduced sentence.
In February, Gardner was convicted by a jury of unintentional second-degree murder for shooting and killing his wife.
Gardner, 34, will get credit for 500 days already served as he awaited trial in the county jail. He could also get a 15 percent reduction in his sentence for good behavior.
St. Peter spent about two hours hearing testimony from Dr. John Leenay, a mental health expert called by Mr. Gardner’s attorney, Tim Scimeca. Leenay evaluated Gardner earlier this month following a two-to-three-hour interview with him.
Leenay spoke of Gardner’s military service and severe injuries sustained during that service. Gardner has a leg prosthesis, suffers from PTSD and has sustained traumatic brain injury, the doctor said.
Gardner was also a meth user and had used just prior to the incident that led to his wife’s death. Melissa Gardner’s death was clearly an accident, Leenay said.
“He needs treatment more than prison,” he said.
Melissa Gardner’s family spoke to the court following Leenay’s testimony and told St. Peter that Mr. Gardner did not deserve a lesser sentence.
“I have PTSD, I’m addicted to meth,” Amy Moore, Melissa Gardner’s sister said, “But I control myself.”
Moore entered the Gardner home, at 504 E. Fourth in Winfield, on Jan. 15, 2017 and found her sister, dead. Zach Gardner was arrested that same day.
“It’s impossible to help him,” Moore told the court. “He will always be dangerous.”
She disagreed with the idea that her sister’s death was an accident and recalled other times her brother-in-law was violent.
“He nearly beat her to death when she was 9-months pregnant,” she said.
Cindy Moore, Melissa’s mom, also asked that Mr. Gardner not receive consideration for a lighter sentence.
“No matter what our conditions are,” she said “We have to be responsible for our actions.”
She also balked at the idea that Mr. Gardner wanted to serve less time so that he might care for the couple’s children.
“You don’t take care of your kids by harming others,” she said.
Mr. Gardner also addressed the court and turned toward audience seating to address Melissa Gardner’s family directly.
“I’m sorry this happened, from the bottom of my heart,” he said.
He mentioned Cindy Moore and Amy Moore by name and apologized. Both he and Melissa’s family were emotional as he made his statement.
“I miss my wife as much as you guys do, I love you guys and I’m sorry. You’re still my family,” Gardner said. “There’s nothing I can do to undo it. But I can try to come back better.”
Gardner said he would gladly give his life to bring back Melissa.
Just before sentencing, St. Peter thanked Gardner for his military service and said he was “sorry you had to suffer as a result.”
St. Peter said he too doubted prison would benefit Gardner but that incarceration would benefit Melissa’s family by offering them some level of justice.
Once his sentence is served, Mr. Gardner will be required to complete three years of post-release supervision.
The sentencing proceeding had previously been delayed because Gardner and his family had retained new legal counsel for the sentencing phase.
