2008 homicide conviction involving Troy man overturned

On March 23, District Court Judge Dana Christensen granted Katie Garding’s claim of ineffective assistance of counsel, overturning her conviction of vehicular homicide in a 2008 incident involving a man from Troy.

After 10 years of imprisonment, Garding was granted parole in December 2021. The judge's order gives the Missoula County Attorney’s Office 30 days to vacate Garding’s conviction and refile the charges against her. The state Attorney General’s Office could also seek to appeal Christensen's decision to the Ninth Circuit.

After charges were filed in April 2010 against Garding, accusing her of vehicular homicide, leaving the scene of an accident and driving without a valid driver’s license, she was found guilty in 2013.

But questions remained. The Montana Innocence Project intervened on Garding's behalf.

“At the time, James Bordeaux, Katie’s former partner, was facing a burglary charge and a persistent felony offender (PFO) designation. Because of the PFO designation, the Court could have sentenced him to 100 years. James made a plea deal with the state that he would testify against Katie and plead guilty to the burglary charge. In exchange, the state recommended that he receive only a five-year suspended sentence,” the Montana Innocence Project (MTIP) said on their website.

According to prior reporting by The Western News, authorities believed Garding was drunk in the early hours of New Year’s Day 2008 when she allegedly swerved onto the shoulder of Highway 200 and struck 25-year-old Bronson Parsons.

Police tips, extensive interviews and physical evidence led Montana Highway Patrol investigators Drew Novak and Rich Hader to Garding, the officers had told The Western News.

Parsons and his roommate spent New Year’s at a friend’s house a half block from their own place in East Missoula. They were walking home when Parsons was struck by a vehicle.

Parsons was an organ donor and his lung, cornea and 30 donations of tissue ended up helping people in need.

At trial, Katie’s attorney, Jennifer Streano, relied heavily on the false accusation to prove Katie’s innocence, the Innocence Project said.

While Garding’s defense did cross-examine the state’s law enforcement witness who had theorized about how Katie’s vehicle was the striking vehicle in the accident, Streano failed to consult an accident reconstruction expert in order to argue it was not Katie’s vehicle, the MTIP said.

“Katie has been a constant beacon of hope throughout this process,” MTIP Legal Director Caiti Carpenter said. “The fight isn’t over, but after 12 years, with an army of family, friends, lawyers and experts, someone finally heard our plea. It is now up to the state to decide what resources it is willing to dedicate to maintaining an unjust conviction.”