After several delays and a mistrial the first time around, a jury trial is again underway for Robert K. Garner, the Owensboro man charged with murder after he was alleged of crashing his car while driving under the influence and causing the death of his passenger Cody Glover.
It took all day Monday to select the jury, and Tuesday’s proceedings will begin at 9 a.m. with opening statements. The trial is expected to last all week at the Holbrook Judicial Center.
Circuit Judge Jay Wethington was originally presiding over the case but retired at the end of August. Wethington appointed Judge Tyler Gill to take over in his place.
A trial for Garner began February 7, 2022, but potential jury tampering led to the mistrial that was declared the following day. A new trial date of August 15 was initially set, but it was later rescheduled to October 17.
Garner, now 21 years old, was charged in 2017 with murder for the death of a passenger — 21-year-old Cody Glover — and driving under the influence.
According to reports, the incident occurred the morning of Sept. 3, 2017, at the intersection of U.S. 60 East and U.S. 231 North. Garner allegedly ran a red light while he was speeding and intoxicated. A drug test revealed alcohol and PCP in Garner’s system, according to court records.
Police reports from the incident said Garner’s vehicle became airborne before striking a patch of trees lining an embankment. Reports say the vehicle flipped and came to rest overturned in a lake.
The warrant described the passenger, Glover, as having been ejected from the vehicle and into the lake. The victim later died at Owensboro Health Regional Hospital.
Daviess County Deputy Coroner Mike Postlewaite declared Glover’s cause of death to be drowning.