A Vancouver man who struck a neighbor’s daughter and two of her friends with a baseball bat was sentenced Friday to nine months in jail.
King K. Gardner, 64, previously entered an Alford plea in Clark County Superior Court to three counts of third-degree assault. An Alford plea allows a defendant to argue his innocence but admit there’s enough evidence that he could be found guilty.
According to a probable cause affidavit, one of the victims, Shyanne Belcher-Blair, indicated to police that there was an ongoing feud between her mother and Gardner, who are neighbors.
Belcher-Blair and two other women, Kiersten Jensen and Abigail Smith, had been drinking on the evening of Nov. 27, 2014, when they drove past Gardner’s house in the Sifton neighborhood. When they saw him outside, Belcher-Blair rolled down one of the vehicle’s windows and shouted a profanity, the affidavit said.
The group then parked and approached the house to confront him.
Belcher-Blair told police she got up to the front porch and yelled at Gardner about threatening her mother. Gardner said he didn’t know what she was talking about, went inside and slammed the door, court records said. Belcher-Blair kicked the door, then turned to leave, she said.
Gardner emerged from the house with a wooden bat. Jensen and Smith ran away, but Belcher-Blair said she didn’t think Gardner would swing the bat. She was halfway across the street, she said, when Gardner struck her in the head from behind, knocking her to the ground. The other two women returned to help her, the affidavit said.
When Jensen tried to grab the bat, Gardner directed his dog to bite her. She also was struck during the altercation. Smith also was hit with the bat at least two times, court records show.
The women fled to their vehicle and drove away. Gardner got into his vehicle and followed them. He then rammed their vehicle with his in the 8700 block of Northeast 140th Avenue, according to court documents.
Gardner was later arrested and told police the women had threatened to kill him.
During sentencing, Deputy Prosecutor James Smith recommended Gardner serve the low end of the standard sentencing range — nine months.
Gardner’s defense attorney, Louis Byrd Jr., asked the judge to sentence his client to less time. He argued that Gardner suffers post-traumatic stress disorder. He lost his father at a young age, his sister was murdered as an adult and his wife of 40 years committed suicide, Byrd said. “He’s grieving,” Byrd added.
Byrd also argued that the women were the instigators and came onto Gardner’s property. As for the car chase, he said Gardner did not intend to ram the women’s vehicle. They slammed on the brakes, he said.
“I regret what happened. I wish it never would have happened. I’m sorry it happened,” Gardner told Judge David Gregerson.
The deputy prosecutor said there is no evidence the women threatened Gardner’s life or caused him to ram into their vehicle. He said Gardner has a history of disputes with neighbors and co-workers, and has prior assault and harassment convictions.
Gregerson followed the prosecution’s sentencing recommendation. Gardner was given credit for 31 days in custody.
