With Miller Gardner’s cause of death officially on the record, attention now turns to potential legal action his family might take in Costa Rica.
Miller, the 14-year-old son of former New York Yankees star Brett Gardner, was found dead inside his room at the Arenas Del Mar Beachfront & Rainforest Hotel in the country’s tourist region of Manuel Antonio on March 21. His cause of death was ruled as carbon monoxide poisoning on Wednesday, April 2.
In an exclusive conversation with Us Weekly, Costa Rican criminal lawyer Joaquín Ureña laid out the family’s three options to file a lawsuit, which must be done in Costa Rica.
Ureña, who is not directly involved in the case, said the Gardners can initiate a criminal proceeding for involuntary manslaughter, “which refers to a death caused by negligence, against those responsible for the installation of the machines that produced the carbon monoxide — and possibly the engineer who designed the hotel.”
Related: Why the Gardner Family May Have Had Different Reactions to Carbon Monoxide
After officials ruled that 14-year-old Miller Gardner died of carbon monoxide poisoning, a forensic pathologist analyzed why his family didn’t suffer the same fate. Miller, the son of former New York Yankees player Brett Gardner, died on March 21 while vacationing at a Costa Rican resort with his family, including his father, mother Jessica and […]
The Gardner family could also choose to file a civil lawsuit against the resort to seek damages, Ureña said. Lastly, the family also has the option to pursue a civil claim within the criminal process through civil indemnification action, which would potentially compensate the Gardners for their loss for liability of a third party.
“In this case, the criminal court would rule on both criminal and civil liability at the same time,” Ureña explained. “The charge would be involuntary manslaughter, which carries a penalty ranging from 6 months to 8 years in prison.”
Ureña added, “If the court imposes a sentence of three years or less, a conditional suspension may apply — meaning the individual would have a criminal record but would not serve time in prison.”
Eight years is the maximum prison sentence in this case, Ureña explained, because Miller’s death was the result of “negligence.”
“This is very different from intentional homicide, where there’s premeditation and intent to kill,” he said. “In negligent homicide, the person didn’t intend to harm anyone, nor did they plan anything — but through negligence, they caused another person’s death.”
Ultimately, a potential sentence in the case would be decided on by a judge. There is no knowledge that the Gardners have made any legal moves yet.
Ureña explained that a monetary settlement between the family and the hotel is “possible,” along with “any individuals accused.”
In order to reach a potential settlement, it would need to be determined whether the carbon monoxide poisoning could have been prevented or if it was an unforeseeable event, caused by something like “structural damage.”
The Costa Rican Judicial Investigative Agency (OIJ) confirmed Miller’s cause of death on Wednesday in a statement to Us, stating there was “a very specific layer” found on Miller’s organs that forms when “a person dies from carbon monoxide poisoning or gas inhalation.”
“In the carboxyhemoglobin test, a saturation level of 64 percent was found,” OIJ’s General Director Randall Zúñiga said. “In such cases, when concentrations exceed 50 percent carboxyhemoglobin, it is considered lethal. In this particular case, with a saturation of 64 percent, the level is clearly well above that lethal threshold.”
Zúñiga continued, “Therefore, this confirms the police hypothesis that the death was caused by exposure to poisonous gases, specifically carbon monoxide. With this, the case is practically closed. The only step remaining is for the toxicology report from the OIJ Forensic Sciences Department to be forwarded to the Legal Medicine Department, so the expert can include it in the autopsy report.”
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