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John Albert Gardner III (born April 9, 1979) is an
American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...
convicted double
murderer Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
, rapist, and
child molester Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whether ...
. He confessed to the February 2009
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
and
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
of 14-year-old Amber Dubois from
Escondido, California Escondido is a city in San Diego County, California, United States. Located in the North County region, it was incorporated in 1888, and is one of the oldest cities in San Diego County. It has a population of 151,038 as of the 2020 census. Et ...
, and the February 2010 rape and murder of 17-year-old Chelsea King from
Poway, California Poway () is a city in San Diego County, California, United States. The unincorporated community became a city on December 1, 1980. Poway's rural roots influenced its motto "The City in the Country". The city has a population of 49,701 as of 2 ...
, after he entered a plea agreement that spared him from execution. Additionally, Gardner attempted to rape 22-year-old Candice Moncayo of
San Diego County San Diego County (), officially the County of San Diego, is a county in the southwestern corner of the U.S. state of California. As of the 2020 census, the population was 3,298,634, making it California's second-most populous county and the fi ...
, and had been previously incarcerated for the
molestation Sexual abuse or sex abuse, also referred to as molestation, is abusive sexual behavior by one person upon another. It is often perpetrated using force or by taking advantage of another. Molestation often refers to an instance of sexual assau ...
of a 13-year-old girl.


Early life

Gardner was born in
Culver City, California Culver City is a city in Los Angeles County, California, United States. As of the 2020 census, the population was 40,779. Founded in 1917 as a "whites only" sundown town, it is now an ethnically diverse city with what was called the "third-most d ...
. His parents divorced and Gardner frequently relocated around
Southern California Southern California (commonly shortened to SoCal) is a geographic and Cultural area, cultural region that generally comprises the southern portion of the U.S. state of California. It includes the Los Angeles metropolitan area, the second most po ...
as a child (including
Palmdale, California Palmdale is a city in northern Los Angeles County in the U.S. state of California. The city lies in the Antelope Valley region of Southern California. The San Gabriel Mountains separate Palmdale from the Los Angeles Basin to the south. On Aug ...
) and lived in
Running Springs, California Running Springs is a census-designated place (CDP) in San Bernardino County, California, United States. The population was 5,268 at the 2020 census, up from 4,862 at the 2010 census. Running Springs is situated 17 miles west of the city of Big Bea ...
as a teenager. His mother Cathy Osborn was a
psychiatric nurse Psychiatric nursing or mental health nursing is the appointed position of a nurse that specialises in mental health, and cares for people of all ages experiencing mental illnesses or distress. These include: neurodevelopmental disorders, schizoph ...
and Gardner was put on psychiatric medication starting at age 6. He was held in a
psychiatric hospital Psychiatric hospitals, also known as mental health hospitals, behavioral health hospitals, are hospitals or wards specializing in the treatment of severe mental disorders, such as schizophrenia, bipolar disorder, eating disorders, dissociative ...
for 60 days at age 10 (in 1989). As a student, Gardner was labeled "seriously emotionally disturbed." He graduated from
Rim of the World High School Rim of the World High School is a public secondary school located in Lake Arrowhead, California, at the top of the mountain overlooking the San Bernardino Valley. It is part of the Rim of the World Unified School District and is the only compreh ...
in
Lake Arrowhead, California Lake Arrowhead is an unincorporated community and a census-designated place (CDP) in the San Bernardino Mountains of San Bernardino County, California, surrounded by the San Bernardino National Forest, and surrounding the eponymous Lake Arrowhead ...
in 1997 with a 3.2
grade point average Grading in education is the process of applying standardized measurements for varying levels of achievements in a course. Grades can be assigned as letters (usually A through F), as a range (for example, 1 to 6), as a percentage, or as a numbe ...
and IQ of 113. He was also diagnosed with
attention deficit hyperactivity disorder Attention deficit hyperactivity disorder (ADHD) is a neurodevelopmental disorder characterised by excessive amounts of inattention, hyperactivity, and impulsivity that are pervasive, impairing in multiple contexts, and otherwise age-inap ...
. Gardner later said his father was an
alcoholic Alcoholism is, broadly, any drinking of alcohol that results in significant mental or physical health problems. Because there is disagreement on the definition of the word ''alcoholism'', it is not a recognized diagnostic entity. Predomin ...
who beat him. While in high school, Gardner worked odd jobs including as a
lifeguard A lifeguard is a rescuer who supervises the safety and rescue of swimmers, surfers, and other water sports participants such as in a swimming pool, water park, beach, spa, river and lake. Lifeguards are trained in swimming and CPR/ AED first a ...
at a resort in Lake Arrowhead. As a teenager, he was convicted of
trespassing Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, ...
at a high school. After graduating from high school, Gardner moved to
San Diego San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the List of United States cities by population, eigh ...
and worked at a
Big 5 Sporting Goods Big 5 Sporting Goods is a sporting goods retailer headquartered in El Segundo, California with 434 stores in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Texas, Utah, Washington Washington commonly refers to: * Washington ...
store.


Prior conviction

Gardner had been convicted in 2000 of molesting a 13-year-old female neighbor. He spent five years in prison and completed his
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
in 2008, although it was determined that he had violated the terms of his parole seven times, including living too close to a school in 2007. Gardner was also investigated by his
parole officer A probation and parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probati ...
for possession of
marijuana Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various tra ...
, though this incident was later dismissed. Gardner was also being tracked by a
GPS The Global Positioning System (GPS), originally Navstar GPS, is a Radionavigation-satellite service, satellite-based radionavigation system owned by the United States government and operated by the United States Space Force. It is one of t ...
anklet up until four months before the murder of Amber Dubois. Gardner totalled 168 parole violations while wearing the anklet. According to GPS data, Gardner spent time in close proximity to several schools, in front of a daycare center, on prison grounds (where he was suspected of delivering contraband to a prisoner), and in remote locations where the remains of Amber Dubois would later be discovered.


Murders

Gardner's first murder victim was 14-year-old Amber Dubois, who disappeared in February 2009. Her skeletal remains were later recovered by police in March 2010, after the police had questioned Gardner about her murder. Gardner had been arrested on February 28, 2010, in the Del Dios district of Escondido, California, when his DNA matched a DNA sample taken from the discarded clothing of Chelsea King, a senior from nearby
Poway High School Poway High School is a four-year secondary school in southern California accredited by the Western Association of Schools and Colleges. Established in 1961, its approximately 2,408 students are from the city of Poway and the community of Rancho Be ...
. King had disappeared on February 25, 2010, while she was jogging in the early evening at the Rancho Bernardo Community Park, near
Lake Hodges Lake Hodges is a lake and reservoir located within the city limits of San Diego, California. It is about north of Downtown San Diego, just north of the Rancho Bernardo community, and just south of the city's border with Escondido. When full, th ...
.
FBI The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
divers found her body five days later (on March 2, 2010) buried in a shallow grave on the southeast corner of the lake's
inlet An inlet is a (usually long and narrow) indentation of a shoreline, such as a small arm, bay, sound, fjord, lagoon or marsh, that leads to an enclosed larger body of water such as a lake, estuary, gulf or marginal sea. Overview In marine geogra ...
, where some of her clothes had been found. DNA evidence from King's clothing, along with a December 2009 attempted attack on a female jogger who managed to fight him off, led Escondido and San Diego police to patrol the area for a man fitting Gardner's description. He was arrested on February 28 at a bar and restaurant in Del Dios, at the western shore of Lake Hodges in Escondido. A witness has indicated that Gardner revisited the park subsequent to King's disappearance.


Guilty pleas

On April 16, 2010, Gardner pleaded guilty to the murder and rape of both Dubois (who disappeared on February 13, 2009, and whose skeletal remains were found near the northern border of the
Pala, California Pala is a small, mostly Native American, community and CDP located in the Pala Indian Reservation, located within San Diego County, California. For centuries a traditional gathering place of native peoples, it was selected in the early 19th ce ...
Indian Reservation on March 6, 2010) and King in 2010, after the prosecutors agreed not to seek the
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. He admitted to
kidnap In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...
ping, raping, and stabbing Dubois. He also admitted to dragging King to a remote area where he raped and strangled her, and then buried the body. In addition, Gardner also admitted and pleaded guilty to attempting to rape Candice Moncayo in December 2009, who was able to fight back and escape. Sentencing was set for June 1, 2010, although it took place on May 14, where Gardner was sentenced to two terms of
life in prison Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
without the possibility of parole. The parents of Amber and Chelsea, and the surviving victim Candice Moncayo, made impact statements prior to sentencing describing the impact Gardner's crimes had on their lives, and their determination to see to it that " Chelsea's Law"; introduced by Assemblymen
Nathan Fletcher Nathan Fletcher (born December 31, 1976) is an American politician and professor serving on the San Diego County Board of Supervisors for the 4th District since 2019 and as the Chair since 2021. Previously, he served two terms in the California ...
, this was signed into California state law by then-Gov.
Arnold Schwarzenegger Arnold Alois Schwarzenegger (born July 30, 1947) is an Austrian and American actor, film producer, businessman, retired professional bodybuilder and politician who served as the 38th governor of California between 2003 and 2011. ''Time'' ...
on September 9, 2010, to help prevent similar crimes in the future. During the trial, the Kings retained Michael Fell, a California criminal lawyer and former prosecutor, who specializes in representing victims under
Marsy's Law Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is a controversial amendment to the state's constitution and certain penal ...
, the state constitutional amendment that guarantees legal rights for victims of crime. (As signed, Chelsea's Law mandated that some of the worst child molester offenders would face lifetime prison sentences - a punishment previously reserved in California for murderers. In addition, some paroled child molesters deemed at risk of re-offending would be barred from parks.)


Sentencing

On May 14, 2010, Judge David Danielsen sentenced Gardner to life imprisonment with no possibility of parole, two terms of life imprisonment without parole for the murder and rape of Chelsea King and Amber Dubois, another term of 25 years to life for assault with attempt to commit a rape, and an additional 24 years of imprisonment for prior convictions. Since he entered the plea agreement, Gardner waived his right to appeal. Gardner is currently incarcerated at
Mule Creek State Prison Mule Creek State Prison (MCSP) is a California State Prison for men. It was opened in June 1987, and covers located in Ione, California. The prison has a staff of 1,242 and an annual operating budget of $157 million. As of July 31, 2022, MCSP ...
.


References


Sources

*


External links


''Women in Crime Ink
'', "Accused Killer: Just Who is John Gardner?," by Cathy Scott">Women in Crime Ink">''Women in Crime Ink
'', "Accused Killer: Just Who is John Gardner?," by Cathy Scott], April 9, 2010 {{DEFAULTSORT:Gardner, John Albert 1979 births Living people 21st-century American criminals American male criminals American murderers of children American people convicted of child sexual abuse American people convicted of murder American prisoners sentenced to life imprisonment American rapists Criminals from California Male murderers People convicted of murder by California People from Culver City, California People from San Bernardino County, California People from San Diego People from Palmdale, California Prisoners sentenced to life imprisonment by California