The following affidavit is submitted to the Court to document the probable cause in support of the arrest of Maria Darlene Gardner
(AKA Joseph) DoB: 10/30/1982
This offense is fully documented in Colorado Springs Police Department Offense Report 08-03778 detailing the offense(s) of: §18-3-102 First Degree Murder a Class One (1) Felony With the victim(s) identified as: Ashia M. Joseph, DOB 09/05/2006
On 1-28-08 at 2201 hours, the CSPD communications center received a call from phone. An unknown female gave the residential address of 3225 Galena Ct but did not provide information about the situation. 911 operators heard a child saying “Why did you kill him?” A child came on the phone and advised that “oil” was on fire, everyone in the house was hurt, and a 10 year old boy was dead.
Police and fire personnel were dispatched; emergency responders identified multiple burned children and a deceased infant in the residence, and extinguished an interior fire. Five victim children, aged 1 to 9, were removed from the residence.
A 5 year old boy, preliminarily identified as , had a cut-type injury to his throat
. All three male children had some degree of burn injury; it is unknown if the children suffered additional injuries. The deceased
child may be 1 year old female Ashia Joseph. The cause of the child’s death is not known but the child was described as “charred”.
The other children were transported to area hospitals;
three are listed in critical condition.
Investigators also contacted a female party preliminarily identified as Maria Gardner, who ran from the scene. Maria had superficial injuries to both her wrists, and to her neck.
Gardner was transported to Penrose Main Hospital with non-life threatening injuries. Your affiant made contact with Gardner at Penrose Main. Your affiant was briefed by Ofc. Hutchison, while at the hospital. Ofc. Hutchison said he had been the Officer to locate Gardner, after she ran from her residence.
Your affiant would note Gardner was being treated by Emergency Department Doctor Fry. Dr. Fry told your affiant that Gardner had suffered superficial wounds to both wrists, both arms, neck, and left ankle. Dr. Fry said the wounds appeared to be self-inflicted, and were not life threatening
During the on-scene investigation, the victim was observed to have suffered severe burns, covering most of her body. The victim was pronounced dead at the scene, by Deputy Coroner Barbere, on 01/29/2008, at 0300 hours.
Your affiant would note that Gardner referred to herself as Maria Darlene Joseph, DOB 10/30/1982. Your affiant conducted a computer query of the suspect, and found the CSPD Master Name Index listing as Maria Darlene Gardner, DOB 10/30/1982, SSN MNI # 000919098
Your affiant would respectfully request that probable cause be found that Maria Darlene Gardner, DOB: 10/30/1982 SSN: did commit the offense(s) of §18-3-102 First Degree Murder
a Class One (1) Felony in violation of the Colorado Revised Statutes.