
A Volusia County father will spend 42 years in prison after taking a plea in the death of his 18-month-old son, Sebastian, a case the judge and relatives described as involving slow, agonizing suffering for the toddler.
Sentence and plea
Scott Gardner accepted a plea agreement and received a 42-year sentence, according to WFTV. Judge Kathryn Weston told Gardner she believed a life sentence would have been appropriate and said, “I do hope your dreams are haunted by birthdays and holidays and all the life events that Sebastian won’t get to celebrate.” Prosecutors said the plea reduced the original first-degree murder charge to second-degree murder to avoid a lengthy trial.
What investigators say happened
Investigators say Gardner left Sebastian in a parked truck for nearly four hours on June 6, then went across the street for a haircut and spent roughly three hours at Hanky Panky’s Lounge, according to ClickOrlando. Deputies told reporters Gardner did not call 911 until he reached his mother’s home, and they say he went back to the bar after Sebastian was pronounced dead.
Medical findings and emergency response
Medical personnel estimated the toddler’s body temperature reached about 111 degrees, a level authorities said signaled prolonged heat exposure, according to earlier reporting by WESH. Officials also said Gardner gave inconsistent stories during the investigation and was arrested at his mother’s home.
Why prosecutors pursued murder charges
Sheriff Mike Chitwood and prosecutors pointed to the timeline, surveillance and witness statements, including what investigators described as multiple false accounts, as the reason the case was treated as more than an accidental lapse, ClickOrlando reported. That evidence led to a grand jury indictment last year before the plea was negotiated this week.
A preventable tragedy
Child-safety advocates say hot-car deaths are both predictable and largely preventable. Tracking groups list Sebastian’s death among more than 1,100 children who have died in hot vehicles in the United States since 1990, along with multiple cases already this year, according to Kids and Car Safety. Advocates urge caregivers to check the back seat every time they leave a vehicle and to call 911 immediately if they see a child alone in a car.
Legal note
Florida law treats certain homicide charges as among the state’s most serious crimes, which is why prosecutors initially pursued the highest level counts. The statute outlines penalties for murder and related offenses and helps explain the early escalation of charges in this case. The plea deal, however, resulted in a reduced charge and the 42-year sentence that was imposed Thursday, according to court records and local reporting that describe the agreement.









