A mistrial was declared Tuesday morning in the case against Robert K. Garner, the Owensboro man charged with murder after he was alleged of crashing his car while driving under the influence and causing the death of his passenger Cody Glover in 2017. The trial began Monday.
The case was being heard by Daviess Circuit Judge Jay Wethington. A Circuit Court Clerk official said Wethington cleared the courtroom and the decision was made in private chambers.
A court date was set for March 2, at which time a new trial date will be set.
Garner, now 21 years old, was 18 when he was charged with murder and driving under the influence following a single-vehicle accident the morning of Sept. 3, 2017, at the intersection of U.S. 60 East and U.S. 231 North.
A $100,000 cash bond was set in November 2017, and Garner was released from jail in December 2017 when bail was posted.
Law enforcement alleges Garner ran a red light while he was speeding and intoxicated. A drug test revealed alcohol and PCP in Garner’s system, according to court records.
Police reports from the incident said Garner’s vehicle became airborne and flipped before coming to a rest overturned in a lake.
Glover, the passenger, later died at Owensboro Health Regional Hospital. The cause of death was determined to be drowning.
Garner’s trial was previously continued then postponed, with court officials saying at the time issues related to COVID-19 caused difficulties in the process.
