(This story was updated with new information and to correct information about zoo location)
DAYTONA BEACH — The man accused of leaving his 18-month-old son to die in a hot truck while he got a haircut and drinks at a bar has been ordered held without bail.
Scott Allen Gardner, 33, of Ormond Beach, was arrested June 19 and charged with aggravated manslaughter of a child and child neglect causing great bodily harm.
Circuit Judge A. Christian Miller ordered on June 24 that Gardner be held on pre-trial detention, meaning he will remain in jail without bond while his case goes through the legal process.
Gardner left his son, Sebastian, in a child seat in the back of his vehicle for about three hours in the middle of the day on June 6 when the temperature was about 90 degrees, according to a charging affidavit.
While Gardner got his hair cut and then went to get drinks at Hanky Panky’s bar, he left Sebastian in the back seat of his truck with the windows down and only a small battery-operated fan pointed at the child.
Gardner said he did not leave the air conditioner running in the vehicle and there is no indication he checked on the child, the affidavit stated.
Law enforcement said the child likely died while Gardner was inside Hanky Panky’s, putting his death between one and two hours before Gardner called 911.
The child was taken to AdventHealth in Daytona Beach, where he was pronounced dead at 3:30 p.m. The ER doctor said that the child’s body temperature was 107.8 degrees.
The doctor said Sebastian had been dead for “some time,” more than an hour, based on the rigor mortis and the discoloration.
Later that same day, after the child’s death, Gardner and his mother returned to Hanky Panky’s, the affidavit stated.
Prosecutor: Father who left son in hot truck is a threat to community
Assistant State Attorney Andrew Urbanak argued at a pretrial detention hearing on June 24 for keeping Gardner locked up while his case goes through the court system.
Urbanak called to the stand Volusia Sheriff’s Office Detective Shon McGuire who testified that at the hospital, Gardner had threatened to beat up or punch the doctor who informed him that his son was dead.
McGuire also said that Gardner was making suicidal statements at the hospital in the presence of law enforcement and medical staff which led to Gardner being Baker Acted, which allows for someone to be involuntarily committed for psychiatric evaluation.
But McGuire testified that Gardner was checked out and released from the Baker Act facility later that same day.
After Gardner his release from psychiatric evaluation, he went to Hanky Panky’s to continue drinking, the detective testified.
McGuire also said that Gardner had asked a friend for help in getting out of the country.
Urbanak said that Gardner faced a prison sentence of up to 45 years, which could further motivate him to leave the country.
Urbanak also told the judge about Gardner’s past criminal history, which lists a battery from 2023 in Brevard County involving Sebastian’s mother at the Brevard Zoo. He also has some cases from Massachusetts, including a credit card fraud and a cocaine charge in 2015. He was not convicted of the Massachusetts cases. Urbanak did not say the outcome of the Brevard case.
Defense: Father can be monitored if released from jail
Assistant Public Defender Larry Avallone called Gardner’s mother, Jodi Therault, to the stand. She testified briefly saying that Gardner had moved to the area five years ago from Massachusetts. She said he worked as a carpenter and a cook.
Therault and Gardner were drinking together at Hanky Panky’s hours after the boy died and was brought to the hospital, the affidavit stated.
Avallone argued that there were ways to address concerns about Gardner being released on bail. Avallone said that Gardner did not have a passport and, if he did, he would be willing to turn it in. Avallone also said that Gardner had ties to the community since he has lived in the area for the past five years and also had steady work. He said that Gardner reacted at the hospital like someone going through a difficult situation.
Judge: Concerned about father’s threat, suicidal comments
Judge Miller said that while the case was in the early stages, the prosecution appeared to have substantial evidence against Gardner.
Miller also said that he was concerned about Gardner’s suicidal statements and also his threats to the ER doctor.
The judge said he was also concerned about the testimony that Gardner had talked to someone about leaving the country.
Miller added keeping Gardner at the jail would allow him to be monitored.
Check back for updates on this developing story.
This article originally appeared on The Daytona Beach News-Journal: Judge orders man accused of leaving child in hot truck while he was at bar held in jail
Reporting by Frank Fernandez, Daytona Beach News-Journal / The Daytona Beach News-Journal
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