Gardner to face rape-murder charge in Aug. 4 preliminary hearing

No charges made in Amber Dubois case

By KELLY WHEELER
City News Service
An Aug. 4 preliminary hearing date was set today for a registered sex offender charged with the rape-murder of a Poway High School senior who vanished while running behind Rancho Bernardo Community Park.

John Albert Gardner III, 30, could face the death penalty if convicted of murder and a special circumstance allegation of murder during the commission of a rape or attempted rape.

District Attorney Bonnie Dumanis will decide after the August hearing whether Gardner will face the death penalty or life in prison without the possibility of parole if he’s convicted of killing Chelsea King.

Gardner was arrested Feb. 28 in connection with the 17-year-old cross-country runner’s disappearance three days earlier. Her body was discovered March 2 in a shallow grave in a tributary of nearby Lake Hodges.

According to Escondido police, Gardner is also the focus of an investigation into the disappearance and murder of 14-year-old Amber Dubois, who went missing 13 months ago. Her skeletal remains were discovered in a remote area of Pala on Saturday.

Her father, Moe, attended today’s hearing for Gardner and said he and Amber’s mother, Carrie McGonigle, are the only people who represent the true feelings of their family.

The father was reacting to statements by others, including private investigator Bill Garcia, who said he was told that a tip that led investigators to Amber’s body did not come from Gardner, who has not been charged in connection with the girl’s death.

“The only spokesperson for Amber and Amber’s family will be me or Carrie,” he said.

Moe Dubois asked the media to use its resources toward finding missing children like Michael Guidry, who has been missing in San Diego since Thanksgiving.

“There are many other children in the area who do need your help and need your support,” Dubois said. “You have the power to bring these children home. Please use that power and attention on those children at this time.”

The father refused to answer questions on whether he thought Gardner was linked to his daughter’s disappearance and murder.

At Tuesday’s hearing, Judge David Danielsen signed a protective order barring attorneys and police involved with Gardner’s case from releasing any information to the news media.

Gardner is also charged with sexually assaulting a Colorado woman who was running alone in Rancho Bernardo Community Park last Dec. 27.

According to public records, Gardner was convicted of assaulting and molesting a 13-year-old neighbor in 2000. The victim said he repeatedly punched her in the face and fondled her at his mother’s townhouse, which is about a mile from Rancho Bernardo Community Park. The girl said she went to the residence after Gardner invited her in to watch a movie.

Gardner was sentenced to six years in prison and served five before he was released in September 2005. He was on probation until 2008. He registered as a sex offender using his grandmother’s Lake Elsinore address but reportedly had been staying with his mother lately.

A probation report prepared for that sentencing was released Tuesday after Danielsen granted a request by the San Diego Union-Tribune and KGTV that it be unsealed and made available for public viewing.

Related posts:

  1. John Gardner pleads not guilty to murder, rape charges
  2. Police think Gardner may be connected to Lake Elsinore case
  3. Amber Dubois’ father reacts at Gardner’s arraignment
  4. 2000 probation report on Gardner to be unsealed
  5. Remains of Amber Dubois found in Pala

Short URL: http://www.delmartimes.net/?p=3916

Posted by on Mar 9, 2010. Filed under Archives. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

Leave a Reply

Archives

Facebook

Bottom Buttons 1

Bottom Buttons 2

Bottom Buttons 3

Bottom Buttons 4

Bottom Buttons 5

Bottom Buttons 6

LA JOLLA NEWS

RSS LA JOLLA NEWS

  • 10 Reasons to Generate Your Own Power
    By Martin Learn, Home Energy Systems As we take one step closer towards August, we all prepare for the blazing sun, the heat it brings, and in turn, the cranked-up AC. But instead of seeing the sun as an enemy, something to be protected against, there is a way to embrace that solar power and […]
  • La Jolla Community Calendar July 24-31
    La Jolla Concerts by the Sea continue 2-4 p.m. Sunday, July 27 with the Bill Magee Blues Band, performing electric New York and Chicago-style blues (preview at BillMageeBlues.com). Scripps Park at La Jolla Cove. Free. (858) 454-1600. LJConcertsByTheSea.org […]
  • FRONTLINE CANCER: The value of Comprehensive Cancer Centers
    It’s estimated that approximately 14 million Americans alive today have had cancer. Some are cancer-free; some are still fighting it. This year, they will be joined by another 1.6 million persons who will receive that fearful diagnosis. The grim news, of course, is that the ranks of cancer patients are also trimmed each year by death: More than 585,000 annua […]

RANCHO SANTA FE NEWS

RANCHO SANTA FE NEWS

RSS RANCHO SANTA FE NEWS