CASE STUDY- MARILEE

GARDNER

Maricela Escamilla

NOVEMBER 13, 2018

CRIMINAL JUSTICE 1010

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Maricela Escamilla

Professor Watson

CJ 1010

11/11/2018

Case Study: Marilee Gardner

Tragedy, struck on June 30th 2016 when two young adults Mr. Tyler Christianson, 19,

and Ms. Madison Haan, 20 lost their lives in a vehicle collision. The driver Ms. Marilee Gardner,

16 years of age and 3 months, driving a white SUV at the time was behind the wheel of the other

vehicle that struck the two young adults, driving a Hyundai sedan. Police officials estimated the

SUV was going 98mph per hour in a 48mph zone at the time when they were rear-ended.

However, it was far from over, Ms. Gardner continued driving going through back yards, hitting

fences along the way and eventually hitting a parked car on a private property, leaving the scene

behind as well the injured young adults. Ms. Gardner attempted to flee on foot but was later

retained an hour and half later. (2) Unfortunately, Ms. Madison Haan had passed away at the

scene of the collision, and Mr. Tyler Christianson passed away later due to his injuries at the

Mckay-Dee Hospital. (4). Marilee was detained at the juvenile detention facility and held for

suspicion of two counts of murders of Ms. Maddison Haan, and Mr. Tyler Christianson. (2) Also,

charged for failing to stop at the command of an officer, and failure to remain at the scene of an

accident. (4)

Prior to the accident, a Clinton, Utah police officer attempted to pull Ms. Gardner for a

traffic stop but Ms. Gardner fled before she was able to be pulled over then colliding with the

two young adults costing them their lives. (2) According to arrest documents, Ms. Gardner

confessed that she had stolen the SUV from her parents to complete a suicide pact with her
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friend. Their goal was to purchase and consume drugs then crash while both were in the car.

However, the friend decided to not go through with the plan and did not meet. Then she admitted

to intentionally crash into the vehicle of that both Mr. Tyler and Ms. Madison were in, in order to

terminate her life. (2)

During Ms. Gardner’s first initial appearance to the assigned Judge Brent West on July

06, 2016, records states that Ms. Gardner was silent and frighten as the charges against her were

given and description of the potential sentence of each charge. Which were two counts of murder

that are 15 years to life, and two third-degree felonies of failure to remain at the scene of an

accident and failing to stop at the command of an officer. (4)(5). Ms. Gardner’s prior history was

brought to the court’s attention of her multiple run away counts from her home, history of

suicidal mental state, and her most recent hospitalization. Prosecutors at this point, may file

murder charges against Ms. Gardner to be tried as an adult under the Utah Title 78A, Chapter 6,

Part 7 section 701. (5). It was then decided that Ms. Gardner would remain at the juvenile facility

until the case is resolved. (4) .

The Utah State Legislature Index Utah Code, Title 78A, Chapter 6, Part 7 Section 701,

states all the rights a minor has under the jurisdiction in the juvenile court. What will be

considered in the trials such as age, prior history, criminal acts, nature of alleged offense, and

facility that will meet the needs of the minor while still protecting the public’s safety and more.

(5). However, in the Index Utah Code, Title 78 A, Chapter 6, Part 7, Section 2, states that it may

charge a minor of 16 year or older with a felony if they were the principal actor in the offense

such as attempted murder or attempted aggravated murder.(6) Both which are a minimum of 15

years to life. However, the difference is if they are eligible for parole or not.
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Ms. Gardner’s attorney on September 8th, 2016 attempted to motion to have Ms. Gardner

case to be trialed in the juvenile court system, but District Brent West did not hesitate to deny the

motion. The judge states the that Utah Legislature adequately assesses youth brains,

development, and accountability when it implicates 16 or 17 years of age of murder charges be

tried in adult courts. If 15 years or younger were charged with murder they must be held in the

juvenile court. Ms. Gardner’s attorney stated it was unconstitutional but the Judge believes

otherwise. They will be deciding to seek an interlocutory appeal, the attorney also brought

examples from other youth cases that were overturned by the Supreme Court in order to

influence the judge into seeing that juveniles have a less understanding of their consequences,

reckless, and less mature than adults. Also, brought to the point that if Ms. Gardner committed

the crime at the age of 15 and 11 months, she would not to fight to be tried under the juvenile

court system but since had 16 year and 3 months must fight for her right. The judge replied that

laws are arbitrary, and used the example for legal age of drinking and smoking that even if it the

day before their birthday they are not legally able to do it until they turn of age. The chief deputy

Branden Miles stated that Gardner’s case must be kept under the adult courts, or they would

receive some of the shortest sentences in the youth system for the most serious crimes

committed. (9)

Ms. Gardner once again appears in court with the exception that she now has an option of

a plea deal that her attorney and prosecutors came into agreement with on November 15,2017.

The plea deal consisted of the dismissal of the two counts of murder and in exchange for two

counts of attempted murder, both still first-degree murder. Nonetheless allowing Ms. Gardner to

stay in the jurisdiction of the juvenile court and receiving the services and care she needs. She

will be pleading guilty in only one count of attempted murder in the juvenile court, maintaining
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in a juvenile secure care facility just before her 21st birthday. Then transferred back to the adult

system to plead guilty, where she will could possibly face three to up to life in prison. A review

hearing has been scheduled for March 3rd, 2021. (7)

The families of Maddison Haan and Tyler Christianson have been present in all trials and

hearings making sure they have justice for their now passed loved ones. Both families have

stated they have had difficulty accepting that Ms. Gardner had the opportunity to a plea deal for

attempted murder instead of murder, but supports the resolution that was given. (7)

Back Story:

I decided to do this story because I worked at the hospital that Ms. Gardner was placed

when she was receiving suicidal treatment. Apart from knowing her I did find this case

interesting because she was a minor, but apparently not in the adult/juvenile jurisdiction court. (I

learned a lot). What made it most interesting is the plea deal that she was given where the counts

were dropped to a technically lower count (still first degree though) and were able to separate

them. As in one in the juvenile court and other adult court. However, it’s a tragedy anyway you

look at it.

,
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Works Cited

(1) Loved Ones Mourn After Young Adults Killed in Crash During Police Chase in Roy
https://fox13now.com/2016/06/30/loved-ones-mourn-after-young-adults-killed-in-crash-during
police-chase-in-roy/

(2) 16-year-old To Be Treated As Adult After Fatal Roy Crash, Faces Murder Charges
Sonja Carlson-Doug Gibson - https://www.standard.net/police-fire/year-old-to-be-treated-as-
adult-after-fatal-roy/article_19ea0d79-b833-501f-b9f8-d5cdc679508d.html

(3) 2 Killed in Roy Crash; Police Arrest Teen For Investigation Of Murder
https://www.ksl.com/?sid=40446724&nid=148

(4) Teen Charged with Double Murder in Crash Deaths 'very Frightened,' Attorney Says
McKenzie Romero - https://www.deseretnews.com/article/865657516/Teen-charged-with-
double-murder-in-crash-deaths-very-frightened-attorney-says.html

(5) Utah Code Section 701 Jurisdiction of district court.

https://le.utah.gov/xcode/Title78A/Chapter6/78A-6-S701.html

(6) Utah Code Section 702 Serious youth offender procedure

https://le.utah.gov/xcode/Title78A/Chapter6/78A-6-S702.html?v=C78A-6-
S702_2014040320140513

(7) Teen Pleads Guilty in Deliberate Double-fatal Crash

McKenzie Romero - https://www.deseretnews.com/article/900004073/teen-pleads-guilty-in-
deliberate-double-fatal-crash.html

(8) Judge: Double Murder Case For 16-year-old Girl Will Remain in Adult Court
McKenzie Romero - https://www.deseretnews.com/article/865661943/Judge-Double-murder-
case-for-16-year-old-girl-will-remain-in-adult-court.html