HOUSTON (AP) — A Texas bedfellow with a history of abandon adjoin women is set to be accomplished Wednesday black for fatally cutting his wife, who had feared she would never get out of her alliance alive.
John Gardner, 64, is adverse baleful bang for the January 2005 annihilation of Tammy Gardner. Prosecutors said the brace was accepting afar back Gardner bankrupt into his wife’s Arctic Texas home and attempt her in the arch as she was sitting in bed. She died two canicule afterwards at a hospital.
If the beheading happens, Gardner would be the aboriginal bedfellow put to afterlife this year in Texas and the U.S. Seven added executions are appointed in the abutting few months in Texas, the nation’s busiest basic abuse state. Last year, 22 inmates were accomplished in the U.S., with nine inmates actuality put to afterlife in Texas, the best of any state.
His appellate attorneys had asked the U.S. Supreme Court to intervene, alleging Gardner’s balloon attorneys were ineffective, decidedly for declining to present affirmation that he suffered from “abandonment rage,” a action Gardner claims causes men to annihilate their changeable assembly with boundless force back faced with contempo or approaching abandonment.
The Supreme Court denied the address on Monday. Seth Kretzer, one of Gardner’s attorneys, said he was “deeply saddened” by the Supreme Court’s accommodation and no added appeals were planned.
“For those of us who are bottom soldiers in the continued war for confidence integrity, the attempt continues, the achievement endures and the spirit never dies,” Kretzer said.
Prosecutors at balloon declared the alliance amid John and Tammy Gardner as abbreviate but violent. She was Gardner’s fifth wife. The brace affiliated in 1999.
“He was a archetypal abuser,” said Curtis Howard, who was one of the prosecutors for the Collin County District Attorney’s Office.
Friends and ancestors of Tammy Gardner, 41, testified she lived in connected abhorrence of John Gardner, who would hit and asphyxiate her and abuse her with a gun. Tammy Gardner had capital to annulment her bedmate but told her bang-up at a broad horse-equipment company, “I can’t leave, he will annihilate me.”
In December 2004, Tammy Gardner filed for annulment afterwards borrowing money from her aggregation to do so.
At work, she apparent Feb. 7, 2005 on her calendar, the date her annulment would be final. She would go over to the agenda and say, “You’re about there. You’re about there,” according to balloon testimony.
“She was on pins and all-overs … hypervigilant, attractive out for him,” said Howard, who is now an advocate for the Plano badge department.
But ancient amid 11 p.m. and midnight on Jan. 23, 2005, aloof 15 canicule afore the annulment became final, John Gardner, who collection from Mississippi, bankrupt into her home in Anna, Texas, amid about 45 afar (72.42 kilometers) arctic of Dallas, and attempt her in the arch as she was ailing in bed.
Despite actuality attempt and clumsy to hear, Tammy Gardner alleged 911 and told a bagman that her bedmate had attempt her and he had larboard in a white auto barter with Mississippi plates.
She was ailing but went into a blackout and was taken off activity abutment two canicule later.
In the address afore the Supreme Court, Lydia Brandt, one of Gardner’s attorneys, had argued that if affirmation of abandonment acerbity would accept been presented at trial, it would accept humanized him “thereby accouterment a base for a book of beneath than death.”
Howard said the approach would not accept fabricated a aberration at balloon because abandonment was not accompanying to all of his abounding acts of violence, which included cutting his additional wife, who was abundant at the time and afterwards died from consistent injuries, abducting his third wife at knifepoint and berserk assault his third wife’s daughter.
Howard said in his career he prosecuted three afterlife amends cases and two of them were accompanying to affectionate accomplice violence.
“This is one of those tragedies that we see in Texas all too often,” he said.
___
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Copyright © 2020 The Associated Press. All rights reserved. This actual may not be published, broadcast, accounting or redistributed.
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