A jury trial began Tuesday for Robert K. Garner, the Owensboro man charged with murder for the 2017 death of Cody Glover. The trial kicked off with the prosecution laying out their facts of the case. However, the defense claimed the entire truth about the events has not been told and that “they made up their mind that night.”
Editor’s Note: Owensboro Times is providing a summary of the opening statements, which present a look into how each side will approach the case — including what will be presented as evidence, who will be called to the stand, and how the prosecution and defense teams interpret the facts. Though the attorneys will back up their statements with experts and witnesses throughout the trial, the statements themselves can not be considered evidence by the jury.
Commonwealth Attorney Nicholas Kafer
(the following information is all according to statements made by Kafer)
Commonwealth Attorney Nicholas Kafer urged the jury to have an open mind while presenting the case. In his opening statement, he detailed the alleged order of events that pertain to the crash itself, and ultimately Glover’s death.
According to Kafer, Glover (then 22 years old) and Garner (then 18) left a party in Hancock County in the early morning hours of September 3, 2017. One of the hosts of the party was expected to drive Glover home when Glover instead got in the car with Garner.
“The defendant pulled out of the driveway, his car slinging gravel up in the air, and he sped off down the roadway,” Kafer said.
Kafer said that Garner was said to have sped past other partygoers that had left prior to him. Kafer stated that Garner had been going about 75 mph on US 60 as they headed back to Owensboro.
According to an accident reconstruction report, Garner’s vehicle left the roadway at more than 77 mph. It then went over an embankment and roughly 20 yards later landed at the bottom of a hill. From there, Kafer said, Garner continued at a high rate of speed driving toward a line of trees and fences.
Kafer said after another 30 yards, Garner went over the trees and severed branches. After severing the branches, the vehicle then flipped over and landed upside down in a pond, according to Kafer
Kafer noted that first responders and witnesses said they saw someone trying to help someone else out of the passenger side of the car.
Kafer stated that at the banks of the pond, Garner was asked how many people were in the vehicle.
“The defendant’s response to them was, ‘I don’t know how many people,’” Kafer said. “While the number of people in the car was apparently unknown to the defendant, he was aware of one fact that several first responders heard him mention, ‘My dad is FBI.’”
Kafer said when Glover was placed in the ambulance, his body was posturing, had unresponsive pupils, low body temperature, and slow pulse. Kafer said medical personnel will further address those details during the trial.
“And [they will tell you] about the pond water they observed coming out of his mouth when they were trying to get to his lungs,” Kafer said.
Ultimately, according to Owensboro Health Regional Hospital Pulmonologist Thomas Waring, Glover died due to drowning and exposure — even with other evidence of drugs in his system, according to Kafer.
He also stated that Glover was found to have alcohol in his system, as supported by a Blood Alcohol Content test.
Defense Attorney Steve Romines
(the following information is all according to statements made by Romines)
When Defense Attorney Steve Romines opened his case, he said that throughout the investigation the entire truth has not been told about the events of the crash.
He said that while the prosecution wants the jury to have an open mind, the police and prosecutors had made up their mind prior to the charges.
“Listen to the proof in this case and see if they did that — if the police did it or the prosecution did it. Look, they made up their mind that night that they were going to charge him with murder, and 5 days later they arrested him for murder. They didn’t have this accident reconstruction done,” Romines said.
Romines said the night started when Glover asked Garner to take him to the party. After he agreed, Glover purchased a 12-pack of beer and a bottle of tequila as repayment.
According to Romines, some people at the party were friends of Glover but no one knew Garner. At the party, Romines said, the two drank and partook in a keg stand — with Glover holding Garner to the keg.
Romines noted that all partygoers were asked to leave after a fight broke out — a fight that did not involve Garner or Glover. From there, Garner attempted to drive Glover home. According to Romines, no one else offered to give Glover a ride and no one had called to check on the two.
Romines said that is not consistent with the reports that were made by the investigators and prosecution.
“After they’ve already made this decision, then they start having to put the evidence together. They already decided that Bobby [Garner] is charged with murder and they’ve got to convict him and then they did,” Romines said.
Romines claimed that after leaving the party, Glover began feeling ill and Garner witnessed Glover become unresponsive in the car ride. From there, Garner began yelling at Glover hoping to get a reaction and then drove off the road at the crash site, according to Romines.
Romines stated that Glover suffered involuntary jaw clenching, involuntary muscle stiffness, nausea, seizures, and vomiting. Romines further said Glover was found with alcohol, cannabinoids, cocaine, amphetamines, MDMA, and benzodiazepine in his system.
Romines claimed that during the crash Garner experienced a concussion and a fracture to his vertebrae and exited the car once he was able. Romines said Garner then began to get Glover out of the passenger seat, at which point first responders arrived to the scene.
Romines then said Glover’s death certificate originally indicated the cause of death as an accident. However, Romines said that on September 22 the death certificate was altered to read “homicide.”
Romines further stated that the report cites Glover as having being ejected from the car upon crashing — which is contrary to witness testimony, Romines said.
Romines alleged that all the facts were altered to match the murder charge that Garner received on Sept 8, 2017.
“[The filers’ said] ‘We can’t have a death certificate that says accident, so let’s issue a different one and change that box and put homicide.’ Whatever he checks is not really evidence it’s a homicide or whether it’s an accident or anything else, but what it shows you is they made a decision and everything has to revolve around that,’ Romines said.
This trial will continue throughout the week.
