Man shot by P.A. police last year had guns, ammo in backpack and outstanding warrants

Investigators determined the replica handgun was a Crossman BB gun made to look like a Taurus Model PT92 9mm handgun.

The BB gun was loaded with a CO2 cartridge and BBs and met the definition of a firearm under the Criminal Code because it can cause serious bodily harm.

The rifle was also analyzed and found to be operable, but jammed at the time it was seized. When the obstruction was taken out, the gun was able to be fired.

While .22s are not a banned gun, they become so when the stock is missing and the barrel is sawed off.

Gardiner was killed by a single gunshot wound to the upper right chest, which went in the front of his body. He also had positive results for meth and cocaine in his system. Two bags of meth were removed from his clothing at the start of the autopsy.

In the lead up to the shooting, a PAPS K9 unit had tried to stop a 2000 Honda Prelude on Marquis Drive at 10:20 p.m.

Gardiner was the driver and did not stop the vehicle, instead he turned into a gas station, accelerated through the parking lot and drove back onto Marquis Drive into the oncoming lane. He then drove over the raised median to get back into the correct lane.

At about 10:27 p.m., the Prelude was parked in the back lot of a business and Gardiner, along with a female passenger, walked away from the car and he called for a taxi.

A second passenger had stayed with the vehicle. Both witnesses said Gardiner told them he was wanted by police and could not get arrested.

The uniformed officer who shot Gardiner responded to a radio call for backup driving a marked PAPS patrol vehicle.

He saw Gardiner and the woman in front of a business on South Industrial Drive and asked what they were doing as all the businesses on the street were closed.

At the time, police had taped off this section of a commercial area on South Industrial Dr. (Nigel Maxwell/paNOW)

When Gardiner gave his name, the officer recognized it as being wanted in connection with a homicide. A search through of the vehicle’s computer showed outstanding warrants along with the fact homicide detectives were trying to find him.

When the officer tried to arrest Gardiner, he tried to walk away and brief struggle between them followed before Gardiner ran away on foot, chased by the officer.

The chase went on with the officer pulling his Conducted Energy Weapon (CEW) after seeing the suspect reach into his pocket.

But then the officer saw that Gardiner had a handgun and changed the CEW for his service pistol, and shot Gardiner once in the torso.

An ambulance was called and other PAPS units arrived on the scene within 90 seconds. Gardiner was given first aid until EMS arrived five minutes later and took him to hospital, where he was declared dead.

The report details that Gardiner’s outstanding charges included aggravated assault, accessory after the fact to murder, indignity to a body and two counts of forcible confinement.

In addition to talking to the two women with Gardiner, other witnesses were interviewed and video surveillance from businesses were reviewed.

None of the video showed the actual shooting but SIRT pointed out that the officer was not required to provide a statement but did so willingly.

The report concluded that no charges should be laid.

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susan.mcneil@pattisonmedia.com

by Susan McNeil

Man shot by P.A. police last year had guns, ammo in backpack and outstanding warrants

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