A Lincoln man who caused the death of a 19-year-old woman in an off-road crash more than two years ago was sentenced Thursday to five years behind bars with all but two years suspended following an emotional hearing packed with the family and friends of the victim and the defendant.
Parker Gardner, 22, was drunk and driving an off-road vehicle too fast when it overturned at 7:55 p.m. May 27, 2017, in Lowell. Abigail K. Fiske, 19, of Millinocket died at the scene on the WARP Road.
Gardner pleaded guilty in August to aggravated operating under the influence of intoxicants, reckless operation of an ATV and violating his bail conditions.
In a plea agreement with the Penobscot County district attorney’s office, a manslaughter charge was dismissed Thursday. The agreement did not include a joint sentencing recommendation to which the prosecution and the defense agreed.
In imposing the sentence, Superior Court Justice William Anderson said that the aggravating factors, used to increase sentences, and the mitigating factors, which reduce sentences, balanced each other out in this case.
Anderson sentenced Gardner to five years with all but 18 months suspended and two years of probation on the charges concerning Fiske’s death, and an additional six months for the bail violation charge.
The judge said that he imposed a consecutive sentence for the bail violation because in the days after Fiske’s death Gardner was “acting as if nothing had happened.”
“I think you are remorseful now, but you’ve also committed a very serious crime,” the judge told Gardner.
While Gardner will serve two years, he could be sent back for up to the remainder of his five years if he violates the terms of his probation.
Extra chairs had to be brought into the second-floor courtroom to accommodate the nearly 100 people who came to support the victim’s family or the defendant. Many wept as Fiske’s family members described the impact the loss has had on their lives.
Fiske’s mother Rachel Cyr of Millinocket said that the maximum sentence of five years was not justice for her daughter. Pointing out that he allegedly drank the summer after Fiske’s death while out on bail, she also told Gardner that he lacked the qualities her daughter valued — accountability and responsibility.
“Your actions [after Fiske’s death] proved you’ve learned nothing from this tragedy,” Cyr said as she wept. “These were your actions, no one else’s but yours. I am not convinced you will ever stop drinking.”
Fiske was studying occupational therapy at Husson University and an honor roll student when she died, Cyr said.
The victim’s stepmother, Jennifer Fiske, a detective with the Maine State Police, told the judge that the family had been devastated by her loss.
“Our hearts will ache for her forever,” she said in a long statement interrupted several times so she could calm herself and continue.
She also addressed Gardner.
“Own up to your wrongdoing and take your punishment as a man,” she said. “It was your decision to drink and operate a souped-up machine. Two minutes. Two minutes she was with you.”
Fiske said that she and her husband, Maine State Police Trooper Tom Fiske, went to the scene that night unaware of how badly injured their daughter was. Tom Fiske rushed to her and performed CPR, “not knowing she was already gone.”
Tom Fiske did not address Anderson but other family members, along with Abigail Fiske’s college friends, echoed what her mother and stepmother said about the immense pain her death has caused them.
Fiske’s boyfriend, Trevor Sutherland, spoke on Gardner’s behalf. He urged Anderson to show mercy and sentence him to time served. Sutherland said he had forgiven Gardner.
“I know if Abby were here, she would forgive him, too,” Sutherland said.
Other family members said that Gardner is remorseful and asked Anderson for leniency.
Gardner wept off and on throughout the sentencing. He made an emotional apology to Fiske’s friends and family.
“I am truly sorry for what happened and especially for the way I handled myself after the accident,” he said. “Tom and Rachel, I am so sorry for taking Abby from you.”
He also said that if he could switch places with Abby, he would. Gardner also offered to talk with new drivers about the dangers of drinking and driving any kind of vehicle.
Assistant District Attorney R. Christopher Almy urged the judge to send Gardner to prison for between 4 ½ and five years in prison with all but three suspended to be followed by two years of probation.
In support of the sentence, Almy showed the judge photos and videos obtained from Gardner’s phone that were taken during the summer after Fiske’s death. They depicted him allegedly drinking and dangerously operating ATVs, a truck and watercraft.
Almy said the photos and videos showed that Gardner had no remorse for Fiske’s death and continued to recklessly operate vehicles and to drink alcohol even though he had not yet reached the legal drinking age.
The night of May 27, 2017, Gardner drove the off-road vehicle into a spin, causing it to flip onto its roof, Almy said. Fiske was in the backseat of the 2017 Maverick X3 UTV, often called a side-by-side, when Parker tried to make a “power turn” before the vehicle flipped. Fiske was not wearing a seatbelt or a helmet.
Less than two hours after the crash, Gardner’s blood alcohol level was 0.04 percent, Almy said in August. Based on Gardner’s statements, the lab estimated it was 0.08 percent at the time of the crash, the legal limit for a 21-year-old to operate a vehicle, but Gardner was 19 at the time of the crash, according to the prosecutor.
Defense attorney William Bly of Biddeford recommended a sentence of two years with all but one year, or time served, suspended to be followed by two years of probation, with the bail violation sentence being served at the same time. The attorney said that Gardner has been attending Alcoholics Anonymous meetings while in jail.
Gardner had been held without bail at the Penobscot County Jail for a year since his $5,000 cash bail was revoked in October 2018 when he was caught buying alcohol in Lincoln. He had been free on bail since July 2018 when he pleaded not guilty after being indicted by the Penobscot County grand jury.
Gardner faced up to five years in prison and a fine of up to $5,000 on the aggravated drunken driving charge. He faced up to two years in prison and a fine of up to $2,000 on the charge of reckless operation of an ATV. On the bail violation charge, he faced up to a year in prison and a fine of up to $1,000.
If Gardner had been tried and convicted of manslaughter, he would have faced up to 30 years in prison and a fine of up to $50,000.