Ex-St. Louis Circuit Attorney Kim Gardner admits to misusing public funds

ST. LOUIS – Former St. Louis Circuit Attorney Kim Gardner has admitted to misusing more than $5,000 in public funds.

In a federal diversion agreement, announced by the U.S. Department of Justice on Wednesday, Gardner admitted to directing her employees to issue a series of checks totaling $5,004.33.

Investigators say these funds were from the Contingent Fund Account in the St. Louis Circuit Attorney’s Office and used to reimburse Gardner for paying fees and costs assessed against her personally by the Missouri Supreme Court in August 30, 2022 court order, according to the U.S. Department of Justice.

By Missouri statute, the contingent fund is only to be used to pay such expenses as necessary for the proper and vigorous prosecution of the duties of the St. Louis Circuit Attorney’s Office.

According to her diversion agreement, diverted funds “were deposited in her personal bank account and used for her personal expenses unrelated to her job duties and the operations of the Circuit Attorney’s Office. Kimberly Gardner was not entitled under the law to that additional compensation.”

Gardner has entered a pretrial diversion program in U.S. District Court in St. Louis, according to the diversion agreement. The agreement defers prosecution for a period of 18 months, during which time Gardner must avoid violating any laws, report to a pretrial services officer and follow the instructions of that pretrial services officer.

Gardner is also required to repay $5,004.33 in diverted funds to the Circuit Attorney’s Office as restitution.

Gardner served as the St. Louis Circuit Attorney from January 2017 to May 2023, stepping down after a series of legal battles through quo warranto and indirect criminal contempt cases.

Gardner then faced a growing number of prosecutors calling for her to resign from her office, with pressure mounting after an out-of-state teenage girl lost her legs in a St. Louis crash in February 2023. A suspect linked to the crash was out on bond for a pending robbery case

Gardner’s tenure was one that one judge in court proceedings previously dubbed a “rudderless ship of chaos.”

Ronald S. Sullivan Jr., an attorney and counsel for Kim Gardner, shared the following statement with FOX 2 on the diversion agreement:

“Ms. Gardner entered into a pre-charge diversion agreement with the U.S. Attorney’s office. The parties agreed to resolve the matter prior to any criminal action commencing and to spare the district the time and costs associated with defending any claim of criminal wrongdoing. While Ms. Gardner was prepared to vigorously defend any allegations that may have been lodged against her, she and the government agreed to end any dispute and terminate any investigation with the pre-charge diversion agreement.”

This is a developing story. FOX 2 will update as more information becomes available.

CORRECTION: A previous version of this story indicated that Gardner’s admission to misusing public funds was part of a plea agreement. A spokesperson confirms with FOX 2 this is a diversion agreement, which carries some differences in court proceedings.

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