Deal for teen charged in double-fatal crash could split between juvenile, adult systems


2 photos
Save Story
Leer en español

Estimated read time: 4-5 minutes

This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.

OGDEN — Attorneys are working on a plea deal that would split oversight for a teenage girl accused of killing two strangers between the juvenile and adult court systems.

Marilee Patricia Gardner, who turned 17 in April, appeared in court briefly Tuesday as her attorney asked that an evidentiary hearing be postponed while the defense continues to work with prosecutors to craft the deal.

The girl is accused of deliberately crashing her mother's SUV into another car in a suicide attempt, killing two people.

Attorney Tara Isaacson, who represents the teen, told 2nd District Judge Brent West the proposed deal would leave one charge in district court, and said that attorneys are now working with the juvenile court to determine how a second charge would be handled there.

It was not specified which of the two charges against Gardner are being considered in the deal.

Asked by the judge whether she understood what was happening and her rights as the case is postponed, Gardner responded quietly, "Yes, your honor."

Gardner, who had turned 16 almost three months before the crash, is charged as an adult with two counts of murder, a first-degree felony, under Utah statute that specifies that murder charges for juveniles who are 16 or 17 years old are directly filed into district court. Murder charges against a juvenile who is 15 years old or younger must be filed in juvenile court.

She is also charged with failing to stop at the command of an officer and failure to remain at the scene of an accident involving death, both third-degree felonies.

Isaacson said she hopes the deal will keep the teen in the juvenile system.

"The idea is we want to be able to have Ms. Gardner to have the benefit of juvenile court services for as long as possible, but the state also wants a resolution in the adult system as well, so we're just trying to figure that out," she said.

Gardner's attorneys argued unsuccessfully in September to move the case into the juvenile system. Though charged as an adult, she is able to remain in custody in a juvenile facility while the case is adjudicated.

Police say Gardner stole a Chevy Tahoe from her parents' home in Layton and was on her way to meet a 17-year-old friend in Roy. The pair were planning on "purchasing drugs, taking the drugs and then crashing her mother's car with both of them inside in an attempt to kill themselves," charging documents state.

While fleeing from an officer who tried to pull her over, Gardner is charged with slamming into the back of another car while going almost 100 mph, killing the occupants of the other vehicle, Maddison Haan, 20, of West Point, and Tyler Christianson, 19, of Ogden.

The crash occurred about 1:10 a.m. on June 30 in Roy near the intersection of 3500 West and 6000 South.

Branden Miles, Weber County's chief criminal deputy attorney, said the families of both victims support the deal.

"We're working toward a solution that we think will hopefully satisfy everybody's interest — in protecting society, in meeting the interest she needs further treatment, as well as the families' need for justice in this case — and we think we're close," Miles said.

Jocelyn Castillo, Haan's mother, was emotional following the hearing, saying the deal has not yet brought her comfort or closure, but she is preparing herself to see the case end.

"Hopefully those things will come, but right now, no," Castillo said. "I was worried that if it goes to trial, I didn't want to go through that, because I know it's a long process. … You kind of have to weigh what you go through either way."

Isaacson said Gardner's family is hopeful the deal will be the best option for the girl.

"The family is very encouraged by having her stay in the juvenile system, that's been their goal from the beginning, to have her get the services they can. But they understand this is a terrible tragedy and they really feel for the families that lost two loved ones," Isaacson said.

A disposition for Gardner is set for Aug. 2.

Photos

Related stories

Most recent Utah stories

Related topics

Utah
McKenzie Romero

    STAY IN THE KNOW

    Get informative articles and interesting stories delivered to your inbox weekly. Subscribe to the KSL.com Trending 5.
    By subscribing, you acknowledge and agree to KSL.com's Terms of Use and Privacy Policy.

    KSL Weather Forecast