Justice William Anderson called the actions of Parker Gardner, now 21, who was caught repeated purchasing alcohol while out on bail as a blatant disregard for the law.
Anderson on Monday ordered that Gardner be held without bail pending his homicide trial in the death of Abigail Fiske, 19. He also faces two driving under the influence and a reckless driving charge in the deadly May 27, 2017 crash.
“The state received a complaint from a citizen saying that they had seen the defendant purchasing alcohol and they were aware that there was a condition that he wasn't allowed to do that,” Devon DeMarco, assistant district attorney for Penobscot County. “So we investigated and found that there had been multiple violations and he was taken into custody on Oct. 26th.”
Garnder has been at the Penobscot County Jail since his arrest a month ago.
Gardner was attempting a 'power turn' in a side-by-side off-road vehicle when Fiske was ejected and the vehicle ended up on its roof. She died at the scene.
Gardner's attorney William Bly asked that the judge release his client with a bracelet that monitors a person's sweat for alcohol, but the judge said that would not work.
“We have repeated violations of it in the form of at least four different purchases of alcohol,” Anderson said.
“So it seems to me that this is a rather blatant violation of bail, not a little slip up a blatant violation of bail,” the judge added later. “Under those circumstances, I cannot find there are conditions of release that will reasonably ensure that the defendant will not commit new crimes.”
“This is a real serious case, a manslaughter case,” DeMarco said. “It's one of the most serious cases our office prosecutes. So in this particular case, we felt that it was really important that the defendant be held without bail given that he was purchasing alcohol on multiple occasions even though those conditions outlawed that.”
Parents from both families were in the courtroom for the hearing.
No date has been set for Gardner's homicide trial. He faces up to 30 years behind bars, if convicted.