During the night of October 9, 1984, Gardner robbed the Cheers Tavern in Salt Lake City. While under the influence of cocaine, he shot bartender Melvyn John Otterstrom in the face, killing him.[1][15] Otterstrom's cousin Craig Watson stated that the robbery "gained less than $100." Family members said Gardner attended Otterstrom's funeral and pretended to be a childhood friend.[5] Following a tip, police apprehended Gardner three weeks later at the home of his cousin. Gardner said that the shooting occurred because Otterstrom put up a fight, but investigators did not find any evidence to support this claim.[1] Gardner was held in custody in lieu of $1.5 million bail.[16] His getaway driver was identified as Darcy Perry McCoy, who testified against him.[17]
During trial proceedings for the Otterstrom murder on April 2, 1985, Gardner attempted to escape from custody with a revolver smuggled into the Metropolitan Hall of Justice at Salt Lake City.[17] Jim Kleine of the Salt Lake City Fire Department believed that the gun was passed to Gardner as he was being escorted into the courthouse from the underground parking lot.[6] Gardner was immediately shot in the chest by guard Luther Hensley.[1] Gardner then wounded unarmed bailiff George "Nick" Kirk in the abdomen.[18] After running to the courtroom archives, Gardner confronted attorneys Robert Macri and Michael Burdell. According to Macri, after Gardner pointed the gun at him, he changed aim to Burdell,[19] who had been doing pro bono work for his church. Burdell yelled, "Oh, my God," when Gardner shot him in the eye. Gardner made his way outside the building, where he was surrounded by dozens of police officers. Gardner threw the gun away, dropped and yelled: "Don’t shoot, I don’t have a gun."[1]
Gardner was taken to the University of Utah Health Services Center where he was listed in serious condition, but recovered. Burdell died about 45 minutes later while in surgery at Holy Cross Hospital.[6][16][20] Kirk survived surgery and was listed in critical condition at LDS Hospital. During a search of the courthouse, a bag of men's clothing was found in the basement under a women's restroom sink.[18] Prosecutor Bob Stott believed Gardner's gun had been taped to a water fountain on the first floor