State v. Gardner

Gregory, Justice.

In 1970, while the defendant was stationed at Fort Gordon, his youngest child died from burns inflicted by scalding water. The child was under the defendant’s care at the time. The autopsy report indicated the child’s death was accidental.

In 1981, the defendant suffered a severe stroke, which, according to undisputed medical testimony, destroyed a substantial portion of his brain, left him psychotically depressed, insane, and incapable of functioning on his own. Following his stroke the defendant was discharged from the Army. While confined to the psychiatric ward of the…