CHARLESTON, W.Va. – A Charleston Police Department report of a fight between Edward Gardner and his sister Lindsay Gardner contradicts the findings of the Kanawha County Prosecutor’s Office. Prosecutors decided Wednesday to drop a felony malicious wounding charged against Edward Gardner.  Both are the children of state Supreme Court Justice Margaret Workman.

(Read police report here)

Police released the report to the public Wednesday afternoon just hours after the Kanawha County Prosecutor’s Office announced the charge was being dropped.

Gardner, 27, was arrested following a confrontation with his sister, Lindsay, 29, Aug. 5 near their mother’s home in Kanawha City. At the time, police accused Edward Gardner of knocking his sister to the ground and kicking her in the head. The injuries were severe enough to require hospitalization for a laceration of her head and possible concussion.

The police report indicates that Lindsay Gardner said repeatedly that her brother knocked her down and kicked her in the head three times, leaving her bloody and unconscious. She told three different people at the scene. However, the report says Lindsay was uncooperative when they tried to question her at the hospital.

According to investigators, they were met at the hospital by Justice Workman, who initially refused to allow police to enter the room.  However, police later returned with Kanawha County Prosecutor’s Office Chief of Staff Chuck Miller. He spoke with Workman for few minutes and then police were allowed in the room to take pictures.

Gardner finally talked with police 10 days later at her mother’s Quarry Creek Road home.  The report says Lindsay told police she and her brother had been arguing earlier in the day “over some French language software.”

When asked why she said she was kicked three times, Lindsay told police that she was “talking out of her head.”

Miller told MetroNews the charge has been dropped because Edward Gardner did not assault his sister.  “It’s a typical brother-sister spat,” Miller said.

Miller says Lindsey Gardner took a swing at her brother, who then pushed her.  She hit her head when she fell.

“She was knocked out when she hit the ground and didn’t recall anything so I’m not sure where that (head kicking report) came from, but the medical evidence (showed) she only had one injury and that’s when she hit the ground,” Miller said.

Privately, Charleston police are upset over the charge being dismissed, but they are not saying so publicly.  Chief Brent Webster says he is “standing by the original police report.”

 

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Comments

  • Jonus Grumby

    Chief Brent Webster says he is “standing by the original police report.”

    There's something rotten in Charleston and I don't believe it's last week's leftover lunch in the fridge. I doubt the real story will ever be officially known.

  • curious

    is it a joke this young man is going to med school? What med school would accept a a student charged with DUI and possession of pot? Or have those charges in Nitro been dropped also?

  • Jim

    Once again, the "system" allows those that need a life lesson to just smile and walk. That's ok, I'm sure this won't be the last time that Eddie is faced with potential problems. Mommy won't always be able to rescue him.

  • Paul

    Damage control, abuse of power and position by Mommy. Whew! Incredible that she got away with this one. or will she?

  • Hoppy's Corner

    Simply unbelievable, even in WV. this is way too much political power, abuse of professional position, etc. Where is the outcry and action from above the prosecutors office? Wow, Justice Workman was way out of line and allowed to proceed without any interference.

  • Casey

    Lets all call Attorney General Eric Holder and get him down here right now. oh that's right, these is not a black family situation so he wont be interested. but he should be here to investigate this "home cooking" justice and obstruction charges should be brought against Justice Workman. I'm waiting for the WV Attorney General to investigate and issue arrest warrants since the local prosecutor is paying political and professional homage to these scum.

  • RunnerGal

    I hardly ever agree with Danny Jones,but I completely agree with his interview with Hoppy just now. I'm glad that the CPD went ahead and released their reports.I've found through interactions with Chief Webster and Det. Cooper to believe them and their reasons to stand behind their department's assessment of the situation. Chuck Miller in the Prosecutor's office is tight with Momma Workman and let that cloud his judgement on this issue. Which is a shame. It's also a damn shame that the mother in all of this chose to throw one child under the bus for the benefit of the other. She clearly interfered with and attempted to block and legal action, beginning with trying to load Lindsey in the car before the ambulance arrived, and ending with initially refusing to allow photos of her injuries. Momma had already retained an attorney for the son and took care of his bail. I guess we didn't want him to not start medical school? Interesting as to what will come of his DUI and possession charges. So, in essence, Lindsey has been assaulted twice. Once by her POS brother and again by her family dynamics. Shame on Margaret Workman. Too bad her antics didn't completely silence the situation and folks are seriously questioning the transparency of the events.

    • curious

      Are you kidding about this young man starting med school? Which med school would accept a student charged with DUI and possession of pot? Or have those charges been dropped also?

  • George

    Ok, I'm waiting for the WV Attorney General to step in here and take swift action against all of them. Especially, Justice Workman!!! what a train wreck of lies, damage control, political posturing, patronage at the highest level, domestic abuse, abuse of elite status. what a bunch of integrity less individuals. what say yee Mr. WV Attorney General and Gov Tomblin?

    • Lost Creek Slim

      The Attorney General has no such power in WV.

  • joeybiden

    Sen. Jay Rockefeller comes from one of America's wealthiest families and represents a state only 60 miles from the District of Columbia, yet he travels home almost exclusively via private charter plane at $4,400 per trip and sends the bill to taxpayers.

    There are as many as six commercial flights a day between D.C. and Charleston, W.Va., the city Rockefeller flies to and from. A round-trip ticket for the one-hour flight costs as little as $206.

    Rockefeller's aversion to traveling as most other Americans do may be somewhat ironic, as he is chairman of the Senate committee with jurisdiction over transportation issues.

    The travel costs he billed to taxpayers over the past three years were greater than all but 11 senators, including those from Alaska, Washington state, Montana and other far-flung locales, a Washington Examiner analysis of Senate travel records reveals.

    A Senate out of touch
    Some senators, including Harry Reid, rarely go home; other senators do it constantly

    Senators' trips home decline with time in office, age, boosting claims of term limits advocates

    Americans revile Congress — but keep re-electing incumbents over and over

    Hope and change? Congressional re-election rates bolster status quo

    But Rockefeller also left his Capitol Hill trappings to mingle with West Virginia residents fewer than 11 times per year, even though his home state is only an hour away.

    That means Rockefeller goes home less often than nearly every other member of Congress, yet his total travel costs are among the highest, all despite representing a state that on a clear day can almost be seen from the Capitol dome.

    Rockefeller's 32 trips in the past three years cost taxpayers $141,408 for the chartered aircraft. Meanwhile, 40 members of his staff traveled back and forth regularly for less than half that price, combined. The records don't indicate whether the staffers drove or flew.

    For one trip from Feb. 28 to March 1 of this year, for example, "airfare for Sen. Rockefeller Washington DC to Charleston and return" cost $9,657.

    His economic development director, Brandy Lynn Messer, made the same trip one month earlier for $300 — and also managed to check in on two other West Virginia towns while she was there.

    Rockefeller, whose full name is John Davison Rockefeller IV, is a member of the famously wealth clan descended from the oil baron. And it’s little wonder he prefers to make the home he owns in D.C. his full-time residence.

    He owns a palatial mansion worth an estimated $18 million and built on one of the largest housing tracts in the District — 16 acres cordoned off by razor wire and nearly surrounded by parkland in one of the city’s most desirable neighborhoods, Crestwood, near Rock Creek Park.

    It has “11 bathrooms on one floor alone,” the Philadelphia Inquirer noted when Rockefeller bought the estate in 1986.

    Meanwhile, the state he represents in the U.S. Senate is one of the poorest in the country, with per capita annual income of $22,000, census figures show.

    He has an estimated net worth of more than $100 million, making him the nation's third-richest senator after Democratic Sens. Mark Warner of Virginia and Richard Blumenthal of Connecticut, according to the Center for Responsive Politics.

    Despite his wealth, Rockefeller not only bills taxpayers for the private plane, he charges them for expenses as small as $12.75 while he is “in and around Charleston.”

    Rockefeller's Senate office charters his flights through Martinair Inc., a Virginia company that rents four-seat aircraft for $1,850 an hour, seven-seaters for $2,200 an hour, and 12-seaters for $4,000 an hour, plus fuel and other charges.

    On April 21, 2012, for example, the senator billed taxpayers $5,980 for a same-day trip from Washington to Charleston and back, presumably paying for the plane to wait while he did business in the state rather than risk having to spend a night there.

    He billed taxpayers $10,654 for a two-day trip on Sept. 5-6, 2013. For 12 of Rockefeller's 32 trips over the past three years, the charter flights alone cost taxpayers more than $7,000.

    Fellow Democratic Sen. Chuck Schumer of New York has been criticized for spending nearly $1 million on taxpayer-funded charter flights over the last three years, but Schumer left Washington four times as often as Rockefeller did and made several stops across the Empire State during most of the trips.

    Each time Schumer left Washington, his multistop journeys cost taxpayers an average of $7,941.

    It was more common for Rockefeller, on the other hand, to make a simple round-trip from Washington to Charleston and back. The flight alone cost taxpayers an average of $4,419. He collected a separate per diem for each day of his trips and also billed for "incidentals" incurred, like the $12.75.

    Only Schumer and one other senator, South Dakota Democrat Tim Johnson, spent more per trip; most senators spent less than $950 on travel per trip, the Examiner’s analysis of Senate disbursement records showed.

    Only four members of the Senate traveled home less frequently, each of them members from states far from Washington.

    The Examiner asked a spokeswoman for Rockefeller why the senator insisted on traveling on private planes; why he didn’t foot the bill for that preference out of his own pocket; and why he didn’t set foot in the state he represents more often. The spokeswoman did not respond.

    Rockefeller, a Democrat, is 77 and has served in the Senate since 1985. Before that, he was governor of West Virginia. He announced plans to retire when his current term ends in January.

  • Timothy

    French language software = meth, cocaine, etc. end of story. I would say she is full of BS and this is simply damage control as ordered by Mommy. the son should be charged with domestic battery and Justice Workman should be charged with obstruction of justice. they just set a very nice precedent for all of us to use in the future.

  • Gerald

    More BS from the great state of Kanawha where the elite escape everything!!! Common people of this state should revolt. Hey, lets start looting and burning stores. After all, the president and attorney general say that's ok, right?

  • Walter

    OMG. Justice Workman was way out of line. The entitled and noble of this state are simply "above the law." she should be removed and charged with obstruction of justice!!! any common person would have been arrested and jailed. This is simply unbelievable.

  • MickandAllysDad

    So was this a domestic dispute since it is a brother and sister? In Kanawha County? ...The plot thickens!

    • Chef Camille

      These are not children as in young adults, they are 27 and 29 respectively. I could not imagine my son doing this to his sister. This behavior is totally unacceptable. If they have substance abuse problems get it resolved.

  • gerald

    Tired of Democrat politics in WV.
    Vote Workman out at next election!

    • Drama Queen Conservative Troll

      That is idiotic. So children of Republican justices don't have family feuds? That is completely idiotic.

  • TLC

    It sounds like the police took the word of people that didn't see what happened. They told police what Lindsay said. Lindsay didn't tell police she was kicked. Only eyewitness, (his girlfriend) tells it like the son. Sounds like the police get in too big of hurry in this case. They could have waited 24 hours before arresting anybody. Everybody involved tells it the same way. No case.

    • yep

      Maybe the brother shouldn't have beat her and left her lying in a ditch. I'm sure mommy will take care of her punk son's DUI/possession charges as well. How can Judge Workman expect anyone to take her seriously now?

    • Like it is

      Thanks you for your comment Judge Workman - you all have your stories straight once you kept police out long enough