A Sharpsburg man accused of
killing a Fayette woman in a road-rage altercation last May is back in
jail for failing to comply with bond conditions.
Paul Samuel Gardner Jr., 32,
twice violated bond conditions forbidding him from driving, and he also
failed to submit proof of drug testing to the court as ordered by Superior
Court Judge Christopher C. Edwards, according to court documents.
Gardner was arrested Thursday
afternoon after his $66,000 bond was revoked by Superior Court Judge Paschal
A. English Jr.
The May 10 wreck killed Kera
Nicole Koon, 21, after police say she lost control of her vehicle on Ga.
Highway 54 near Tyrone Road. Gardner is charged with two counts of vehicular
homicide and one count each of reckless driving, hit and run from an accident
resulting in death and speeding.
Fayette County sheriff's
detectives have alleged Gardner and Koon engaged in a road rage altercation
moments before the crash while driving toward Peachtree City.
Witnesses told detectives that
Gardner tapped on his brakes twice while his Ford F-250 truck was in front
of Koon's vehicle, a Chevy Blazer. Detectives charged that Koon's
reaction to that maneuver caused her to lose control of her truck.
The criminal indictment against
Gardner also alleges that he blocked both lanes of travel while he drove
in front of Koon.
A passenger in Koon's
vehicle told detectives she was frightened after Gardner's truck
sped up to catch them after Koon allegedly cut Gardner's truck off.
Gardner didn't stop at
the scene after the wreck, but he later passed by the crash scene and
then turned himself in to the sheriff's department. He later gave
a taped interview with detectives, which was accidentally recorded over
The mishandling of that key
evidence is one reason Gardner's attorneys are asking the court to
drop the charges. In a court filing, attorneys Lee Sexton and Scott Key
argue the tape could have shown whether detectives coerced Gardner during
the interview in violation of his Miranda rights.
The attorneys also criticized
the sheriff's department for failing to secure Koon's vehicle
as evidence, which resulted in the Blazer's grill going missing after
it was held at an unsecured facility.
"The grill would have
been a vital piece of evidence in this case," according to the brief
from Sexton and Key. "An examination of it would have shown whether
Gardner made contact with his assailant."
Gardner's attorneys are
also seeking a court order for a test to determine if Koon was under the
influence of drugs at the time of the accident.
According to court documents,
Gardner was encountered driving his vehicle twice by police officers in
Tyrone and Peachtree City. He has also failed to produce evidence he has
attended drug counseling and taken weekly drug tests as ordered by Judge
Edwards.







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