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Thread: Scotty Ray Gardner - Arkansas Death Row

  1. #11
    Moderator Ryan's Avatar
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    Gardner entered Arkansas death row on 8/22/18.

    https://adc.arkansas.gov/death-row

  2. #12
    Administrator Helen's Avatar
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    Opinion:

    Scotty’s upset again

    By Marisa Hicks
    The Log Cabin Democrat

    In late December, I received a letter from Scotty Ray Gardner thinking it most likely wouldn’t be the last. I wasn’t wrong.

    Earlier this week, I received yet another handwritten letter from the death-row inmate. The 58-year-old is still selfish, and I still find it ironic he is upset he’s forced to sit around with his own thoughts. Scotty Ray is a terrible individual. He feels no remorse, but he now offers to soon tell his version of events as to why he killed Susan “Heather” Stubbs.

    Gardner was sentenced to death in August by a Faulkner County jury following days of testimony regarding Susan’s brutal strangulation death. Sitting on death row isn’t as cushy a lifestyle as his days hanging out at the Faulkner County Detention Center were. In his last letter, Gardner said he was lonely, that he missed being able to interact with others. Now, he’s upset he’s still alive.

    The Faulkner County jury got it right, he said.

    In his letter, the death-row inmate feels no anger toward those who sentenced him to the ultimate punishment. However, he is upset he has not yet been killed.

    It’s not fair that the medications in Arkansas used for lethal injections have expired, he said. It’s not fair that he has sit around and wait for his time to die. He shouldn’t have to suffer, he believes. I think it’s absolutely fair he is unhappy. Why is it that his victim suffered in her final moments as her body hungered in survival mode for more air, but he feels too entitled to think about the impact of his actions.

    Susan isn’t the only victim from his crime. Her family suffers daily. This innocent, loving woman had children, and they were robbed of their mother.

    “Since Faulkner County jury sentenced me to death in Aug. of 2018, I sit here and I listen to the chatter of other inmates talking about you can sit on the row for 12 to 20 [years] before they even take your case serious,” Scotty writes. “Are you joking me?”

    “I know the jury didn’t send me here to sit for 12 to 20 yrs. They sent me here to be executed.”

    He’s absolutely right in saying this — a Faulkner County jury found in less than 15 minutes that he deserved to die. However, I also find it fair that he’s finally feeling caged. Finally feeling robbed of his rights. It’s only right, because Susan was not his only victim.

    Again, he tells me it’s not fair to kill and that Faulkner County should “have mercy on those young guys.” I can only assume, still, that he references the two boys accused in the Fragstein case. The older of the two boys is currently facing the death penalty. The younger cannot be charged with death penalty because while he is charged as an adult, his age protects him from such sentence by Arkansas law.

    During his capital murder hearing, Scotty Ray was annoyed and irritated about having to sit in court. It bothered him to attend his own trial, and he refused to allow his attorneys to defend his case. He says now that he will soon write why he committed the crimes he did. I guess we’ll see. Whatever his reasons were, they were not justified and do not make him a better person in any way.

    https://www.thecabin.net/news/201902...ys-upset-again
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #13
    Moderator Bobsicles's Avatar
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    Gardner does know he can drop appeals to speed up his execution right? Arkansas has to get drugs first though

  4. #14
    Administrator Helen's Avatar
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    Hearing Hicks: Death row inmate begs for mercy in teen’s case

    By Marisa Hicks
    Log Cabin Democrat

    Life on death row is taking its toll on Scotty Gardner.

    From his cell in the Varner Unit, Gardner continues writing me letters in support of the two boys accused of killing Elvia Fragstein. But, his tone has changed.

    Initially, Scotty was OK with the fact that he didn’t put up a fight in court. He was OK with receiving the death penalty at the time. His thoughts on this have changed, and now he hopes he can influence Faulkner County residents to not sentence either of the Pine Bluff teens accused in the Fragstein case to death.

    The younger of the teens, Robert Smith III, cannot be sentenced to death because he was 16 years old when the alleged offense occurred. A juvenile transfer hearing in his case wrapped up Wednesday. However, no decision has been made as to whether it will stay in adult court or move to the juvenile division yet.

    Smith’s older cousin is scheduled to stand trial in late September. Tacori D. Mackrell faces a death sentence if found guilty.

    Scotty feels these two are too young to be subjected to the death penalty. In his own case, he now wishes he would have accepted a plea offer from local prosecutors.

    The death row inmate met with his attorney in late May. While his former defender, Katherine S. Streett, stopped by to check in on Gardner, he says she also reminded him he had the chance to take an offer from the state. It was Scotty’s decision to face a jury -- a jury that found him guilty of capital murder within 15 minutes and deliberated for about an hour before deciding he would receive the death penalty.

    “I told her the worst mistake wasn’t murder, it was making Faulkner County give me the death sentence,” Gardner writes of his recent conversation with his former attorney. “Kate reminded me I could have took a plea. I couldn’t say anything other than ... I wish I would have.”

    Facing a Faulkner County jury “ain’t no game or no joke,” Gardner said.

    He asks for mercy. Not for him, but for Smith and Mackrell. As before, I find so much hypocrisy behind Scotty’s letters.

    Scotty claims the reasoning behind these letters has nothing to do with his case, but to shed light on Smith and Mackrell’s cases. To make a plea with area residents not to sentence the teens to death.

    Where was this need for mercy when Scotty strangled Susan “Heather” Stubbs to death in 2016?

    Jail is not a great place to be, Scotty said. He also said he has learned life on death row is worse.

    “I know while your in jail you think damn, I just need some air — you just want [to] go outside and move around — maybe play ball with your buddies, maybe just look around,” he wrote. “Well, on death row it’s worse. I can’t go out on the yard. I can’t go to the chow hall. I can’t get a job. I can’t do anything but sit in this cell.”

    As he listens to the yelling and screaming of other inmates each day, Gardner said he hopes his words will remind others that “killing them isn’t justice.”

    https://www.swtimes.com/news/2019070...-in-teens-case
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #15
    Moderator Bobsicles's Avatar
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    Gardner’s death sentence was affirmed on direct appeal by the Arkansas Supreme Court on April 16, 2020.

    https://law.justia.com/cases/arkansa...cr-19-257.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

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  6. #16
    Moderator Bobsicles's Avatar
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    Distributed for conference January 8, 2021.

    https://www.supremecourt.gov/search....c/20-5517.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  7. #17
    Moderator Bobsicles's Avatar
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    Petition for certiorari denied.

    Lower Ct: Supreme Court of Arkansas
    Case Numbers: (CR-19-257)
    Decision Date: April 16, 2020
    Rehearing Denied: May 28, 2020

    https://www.supremecourt.gov/orders/...21zor_5he6.pdf
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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