BANGOR, Maine (WABI) - A Lincoln man charged with manslaughter, appeared before a judge Monday asking for his bail to be reinstated.
21-year old Parker Gardner is accused of driving an A-T-V while drunk in May of last year, killing 19-year old Abigail Fiske who was a passenger.
Gardner was released on bail but then re-arrested in October, for violating conditions.
As Joy Hollowell reports, both the state and Gardner's attorney agree that a crime was committed.
"Essentially it's the same behavior that's the basis for the charges in the underlying indictment." Assistant District Attorney Devon DeMarco asking a judge to revoke bail for 21-year old Parker Gardner, after he violated conditions of no alcohol by buying liquor at a general store.
"We have six purchases from the store showing his credit cards that we subpoened the records for," DeMarco told Judge William Anderson during the hearing. "The clerk there said that he was purchasing them regularly on Tuesdays."
"We agree that there is probably cause sufficient that a crime was committed," Gardner's attorney, William Bly said in court. He told Judge Anderson his client understands the serious nature of the case, noting he has never been in jail before and he surrendered all ATVs, snow mobiles and a boat.
Bly asked that bail be reinstated with Gardner having a curfew allowing him to work and attend counseling. Bly also suggested a SCRAM bracelet.
"That's an alcohol monitoring bracelet," Bly explained to the judge. "And what it does is it monitors Mr. Gardner's sweat for alcohol every 30 minutes."
Judge Anderson reiterated the state's concern about the repeated bail violations by Gardner as well as the charge of Class A manslaughter.
"It doesn't get any more serious than that," he said.
Judge Anderson called Gardner's actions a blatant violation of bail. "And under these circumstances, I can not find that there are conditions of release that will reasonably ensure that the defendant will not commit new crimes," he ruled.
"This was a pattern of behavior of violating bail conditions which I think goes to why I think it's so important he'd held pending trial," said DeMarco after the hearing.
Bly chose not to speak to the media.
In addition to manslaughter, Gardner is also charged with Driving an ATV under the influence and Driving to Endanger.
There is no date scheduled for when his trial will begin.