Deseret News | Gardner takes plea deal, gets probation

Reader comments
Gardner takes plea deal, gets probation

Judges | 1:06 a.m. Aug. 2, 2008

When a Judge makes this kind of ruling we have to look back and say that it really is the people's fault. We, the people, never vote Judges off the bench. Unless you have witnessed the poor judgements of most all judges then you will probably vote "yes" and keep them on the bench. A "No" on every judge is the ONLY way that we, the people, can let the judicial system know that we are tired of they way they judge. VOTE NO ON ALL JUDGES.

Run for office again, David! | 1:54 a.m. Aug. 2, 2008

I'm guessing the 7-11 clerk spiked his Slurpee.

Remember | 2:14 a.m. Aug. 2, 2008

We never vote Judges off the bench? It is very rare, but a few years ago we voted off the bench a guy who was accused of a pattern of making comments that seemed to be rooted in gender discrimination. It proves to me that if we don't like a judge, we don't retain them. A blanket "no" is as ignorant a vote as I can imagine. Study the background on a judge and make a decision, don't just vote no in a knee-jerk reaction.

Comments continue below

Dear "Judges" | 5:44 a.m. Aug. 2, 2008

What exactly are you upset about here?

The plea deal? Do you understand that a judge is bound to honor that defense-prosecutive agreement?

Or is this just your standard rant posted to any thread with the word "judge" in them?

next | 6:08 a.m. Aug. 2, 2008

What will he do next? It will be criminal. I would keep my daughters away from this man. He is just a time bomb ticking away.

Bad call, judge.

Why | 7:22 a.m. Aug. 2, 2008

With this mans past why is he not incarcerated, and put into wacko rehab? I'm tired of seeing and hearing about him. This kind of reporting is not news, just leave it alone we don't need to be reminded of nothings like this.

Wow. Pure intelligence above | 7:54 a.m. Aug. 2, 2008

Seriously, vote no on all judges? That is an educated thing to do. And when you were bullied around the school yard as a child I bet you took your ball and went home. Why change your behavior and act like an adult now? I agree that too many people vote to retain judges without researching their work, but to tell people to vote no on every judge is ignorant.

No Justice! | 8:01 a.m. Aug. 2, 2008

Once again, the Utha Good Ole Boy network does its job.

Dave | 8:06 a.m. Aug. 2, 2008

The judge said he felt "bound by the agreement"??????

That's a complete cop-out.

The fact is that in any plea bargain, no sentences are ever guaranteed. The prosecutor and defense may come to an agreement on a recommendation, but sentencing is ALWAYS within the judges' territory. No judge is bound to follow those recommendations and there are any number of cases out there in which a judge deviates from them at his/her own discretion.

Just because this prosecutor had his lips glued to Gardner's butt is no reason for the judge to do the same.

You or I would be serving a year for this crime. Must be nice to be part of the good ol' boy network in Utah County.

Anonymous | 8:30 a.m. Aug. 2, 2008

This guy is a lost soul. I saw it coming years ago. My wife worked in his office, and I detested the guy. He had knives and guns in his office at the Utah County Commission! And would show them off in ways he intended to make people feel uncomfortable. I wanted to confront him, but my wife and I knew it would just make the matter worse. He knows he is in hot water now, that's why he got the best defense attorney in town. I feel sorry for the guy, and his family, but I know there is no end to the negative impact Gardner is going to have on those he interacts with. Don't blame the judge for the light sentencing, the judge stated in court that if it weren't for the agreement between the attorneys that he would be happy to send Gardner to jail. I'm just watching to see what he does in the next decade. And obviously he does way more of this crap than he ever gets called out on or makes the headlines. I hope he finds a way to get his act together, but there's no evidence that he will.

Anonymous | 8:35 a.m. Aug. 2, 2008

What was wrong with the way this judge handled the situation. It seems to me he did a professional job why are you so upset with all judges?

Sad | 8:52 a.m. Aug. 2, 2008

This man is in need of help. How do we keep voting such "upstanding" people into positions of responsibility? Promises made in campaigns never seem to jive with "serving the people."

G | 9:43 a.m. Aug. 2, 2008

When a judge feels bound by an agreement rather than bound by the law and his duty to serve and protect the people of Utah, he needs another job.

Dear Dave | 10:03 a.m. Aug. 2, 2008

Get help.

Sincerely,

Your past.

Utah County | 11:57 a.m. Aug. 2, 2008

I love Utah County, sometimes you only need to read the Headline to figure out where it took place

Oh, please, Utah County! | 12:24 p.m. Aug. 2, 2008

Utah County? Don't you ever read news from the rest of the country (there really is a country outside Utah County!)

I have never figured out how sort of people get elected--are we blind? And yet, when a non-profit charity, with which I spent 14 years heavily involved, mistakenly hired an executive director who turned out to be a con man, multiple wives--he attended different support groups and picked vulnerable women, usually with money, multiple bankruptcies, and court cases where others were awards multi-thousands of dollars in judgment against him, which he refused to pay--those of us on the Board of Directors who had to hire the private investigator and have the research done were considered the BAD GUYS for daring to comment on the personal life of this fine man. Oh, and he was an alcoholic, too. But NONE of that mattered, because we are no longer allowed to make judgments about anyone or anything!

This man, in my JUDGMENT, is an alcoholic, possibly a sexual predator, and why anyone would refuse to see the handwriting on the wall is beyond me.
Even in Utah County (a place I know and love!)

to Dear Dave | 10:03 a.m. | 1:47 p.m. Aug. 2, 2008

I knew Dave. In the neighborhood we called him Gordo, not as an insult, but because that's what he was called in high school in Roy, and in Syracuse, N.Y.

What a different person he was in his 20s and 30s. And even 40s. The wheels seemed to have came off about that point.

I blame ego and pride. The false security blanket of church leadership and community duty, for better or worse, coupled with a hidden illness and an extreme dark side are not good combinations.

Dave, I hope you get better. I hope Marlynn and the kids are OK. I haven't spoken with you for years. But it doesn't mean I don't think about you.

Get some help.

Please get help before you get behind the wheel again and injure any of my friends in Springville. Or forever change any of my friends' lives in Utah County the next time you feel a certain verve.

Tough love

Anonymous | 2:02 p.m. Aug. 2, 2008

it is funny all the comments are about the judges. The conversation should be Gardner. He is the one who committed the crime. He is the one that Utah County folkes voted into a powerful position. He is the one that doesn't take responsibility. He is the one who makes stupid statements like he thinks everyone is dumb. IE one sip makes him test drunk? He is the one with serious problems. He should be punished. Talk about how stupid he is.

Plea deal.... | 4:23 p.m. Aug. 2, 2008

they are sick words to me. Screwy system....

Anonymous | 3:46 p.m. Aug. 4, 2008

Get Help Big Dave. My question is that if this girl was a former abuse victim, why did she get in the car in the first place? Why did she agree to go to his home? She is to blame as well.

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1 photo

Al Hartmann, Pool

David Gardner leaves Judge John Backlund's court in Orem on Friday morning. Gardner was charged in May 2007 with sexual battery. His charge was reduced to a class B misdemeanor of assault.