This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Ogden • Defense attorneys say they will challenge the filing of murder charges in adult court against a 16-year-old girl accused of purposely crashing into a car and killing its two occupants.
But family members of the 20-year-old woman killed in the June 30 crash say they hope that Marilee Patricia Gardner's case stays in adult court — and that she face real consequences for her decisions.
It would "be disheartening" if the case were sent to the juvenile system, said Lee Castillo, uncle of Maddison Haan.
"Our family has been robbed of a family member and so has [Tyler Christianson's] family," he said. "[Gardner] needs to be held accountable to the highest standard and stay in adult court."
Gardner is charged in Ogden's 2nd District Court with two counts of first-degree felony murder and two third-degree felonies for failure to stop at the command of police and leaving the scene of a fatal accident. If convicted of either murder charge, Gardner faces a mandatory 15-year-to-life prison term. If the case is sent to the juvenile court, she could only be kept in a secure facility until she reaches the age of 21.
During a Wednesday court appearance, Gardner's attorney, Tara Isaacson, told the judge they plan to file a motion challenging whether it is constitutional to file murder charges against a juvenile directly to district court, as prosecutors did in this case. Attorneys are expected to argue the issue in court on Sept. 8.
The courtroom was filled Wednesday with supporters of both alleged victim's families. Haan's family wore white T-shirts with a smiling photo of the woman surrounded by hearts.
Gardner is accused of driving about 100 mph in a 45 mph zone just after midnight on June 30 when she rear-ended a sedan with her SUV, sending the car into a traffic signal pole near 6000 South and 3500 West. Haan, who was driving the car, died at the scene, according to charging documents. Christianson, 19, was taken to a local hospital, where he died from his injuries.
After the crash,Gardner ran to a nearby grocery store, called her father and "told him she was just in a car crash in Roy City and she might have hurt someone," charges state.
After she was arrested, Gardner allegedly told officers the crash was an attempt to kill herself.
The 16-year-old had stolen her parents' SUV earlier in the evening, according to charges, after she tried to disable her parent's home alarm and left their home. Gardner has a history of being suicidal, according to charging documents, and had been hospitalized for treatment recently.
The Salt Lake Tribune does not typically identify juvenile suspects, unless they are charged in adult court, as Gardner has been.
Twitter: @jm_miller