Clerical Error Led to Weymouth Level 3 Sex Offender's Release, DA's Office Said

WEYMOUTH, MA — A Level 3 sex offender that has a Weymouth neighborhood on edge shouldn't have been released, the Plymouth County District Attorney's office said.

Richard Gardner, recently moved into his parents' home following 30 years in prison for various charges including indent assault and battery on a child 14 or younger and rape of a child. Residents have been outraged since the Weymouth Police Department announced his return to town.

Wednesday, the DA's office told WCVB that they didn't civilly commit Gardner in a mental institution due to human error. Prosecutors could have argued to civilly commit him due to his sex offender status.

In addition, Gardner's probation officer is now in the Suffolk County court system, meaning that he has to move out of Weymouth. A check of the sex offender registry Wednesday night shows that Gardner still resides on Chandler Street.

In 1989, Gardner was convicted of rape of a child with force, indecent assault and battery on a child 14 or younger, and rape and abuse of a child. He was sentenced to 15 years in prison. In Rhode Island, he was sentenced to 190 years in prison for indecent assault and battery on a child 14 or younger again, but received a shorter sentence in 1993 upon appeal.

Saturday, he received a court summons after entering a library in Quincy, violating a city ordinance that forbids sex offenders from entering schools, libraries, or daycare centers unless given written permission by the school administration, library administration, or day care center owner.

Image via Mass. Sex Offender Registry