Murder suspect's trial continued
BY SEAN INGRAM
The Courier-News
CONWAY -- A man who was arrested last year and charged with capital murder of a Russellville native had his Faulkner County Circuit Court hearing continued to May 23.
Circuit Judge Charles "Ed" Clawson Jr. granted a request to reschedule a hearing for Ray Gardner, 56, who is currently being held without bond in the Arkansas Department of Correction on a parole violation. He was scheduled to appear in court March 21.
Gardner was charged with capital murder in the death of Susan "Heather" Stubbs, who grew up in Pope County and graduated from Russellville High School. Stubbs was found deceased March 6, 2016, in a Conway Days Inn Hotel room.
A hotel clerk told police Gardner booked the room and made arrangements to come back later to pay for another night but when he didn't show up, she went to check the room. The clerk said that's when she discovered Stubbs and called police.
Police tracked Gardner to Hot Springs where he was picked up and brought back to Conway 24 hours after her body was found. Gardner was on parole when he was arrested.
According to an affidavit, Gardner told prosecutors anger and jealousy caused him to snap on March 6 and said he and Stubbs, who were in a relationship got in a heated argument and he "eventually grabbed a nearby cord and 'wrapped it around her neck.'"
During the struggle, Stubbs tried to fight back but stopped responding after he choked her and, "I guess I choked her out after that. I might have killed her. I don't know," the affidavit stated.
Gardner told prosecutors he left to go gambling to avoid thinking about the situation, according to the affidavit.
Gardner was sentenced to ADC in October 1991 after he pleaded guilty to two counts of first-degree criminal attempt to commit murder. A jury later convicted Gardner of one count each of first-degree criminal attempt to commit murder and first-degree battery after he appealed his statement.
Gardner was paroled from prison on Dec. 4, 2015, after serving 23 years of his sentence.
Prosecutors are seeking the death penalty in his current case.
Last December, Judge Clawson granted a request by Gardner and appointed Katherine S. Streett as his attorney. Gardner wrote the circuit judge a letter on Oct. 14 and said he was frustrated with his attorneys. A motion granted by the judge stated that T. Scott Brisendine will remain as counsel of record.
Gardner said he was "open and very understanding" and was ready to go to trial, adding that he understood what he was charged with and the sentence he will receive if found guilty. But he said he felt the defense counsel delayed his case and kept evidence from him.
Clawson ruled during that December hearing to seal Gardner's letters from the public eye at the request of the defense.
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