According to court records in Gardners previous conviction, Gardner saw the victim and a 14-year-old friend waiting for a school bus on March 16, 2000, and he offered them a ride. Both girls accepted the offer, but the younger girl also decided to go with Gardner to watch movies at his home.
Gardner started giving the 13-year-old a massage and kissing her as the two were watching Patch Adams alone in his townhouse. He then picked her up, placed her on the couch and began rubbing himself against her genital area.
The girl protested, but Gardner persisted, according to the documents.
He brought her upstairs to a bedroom where he got on top of her and continued rubbing and touching her. He also tried to take her pants and underwear off, despite her objections.
Eventually, Gardner said, You know what, I cant take this anymore, and hit the girl repeatedly in the face.
He had his hand on my mouth and I couldnt breath(e), and I got pretty fuzzy after he hit me, and Im not sure if I blacked out, the girl testified during a preliminary hearing, which is usually the first opportunity prosecutors have to present witnesses in a criminal case.
Wearing only one shoe on and holding her pants up, she was eventually able to run out the door to a neighbors house across the street.
Gardner got into his vehicle and drove away. He was found at a nearby gas station and arrested. Gardner told police he had picked the girl up that morning and dropped her off in front of her apartment complex at 8:40 a.m. He claimed he was innocent and blamed the victims mother for the beating.