Friends say Gardner lived in a tent near the Highway 99 overpass and often panhandled in the area. Friends say they were with him when he was struck and killed.
Gardner's friend, Mark said, "Was just in the wrong place at the wrong time. Could've been me, could've been him, could've been anybody."
The driver, Javier Jardon was arrested, along with three others. Authorities tell Action News Jardon was previously arrested in April for DUI. He was scheduled to appear in court on those charges Tuesday.
Jardon faces a list of new charges in connection with this latest incident. Charges including gross vehicular manslaughter, possession of drugs and alcohol and evading a police officer.