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

  • JustaFan

    My comment questioning the "typical sibling dispute" as describing the situation here when both the parties were nearly 30 is removed? Seriously??

  • The bookman

    I have to agree he should walk on the charges. The whole episode seems dysfunctional and violent, but the evidence supports his story and refutes her original story. In the absence of multiple head and facial injuries, I think you have to choose not to proceed. The case would be largely based on hearsay testimony from statements that were made by the victim who was unconscious at the scene and that have been recanted. And there is no evidence that corroborates the initial claims of kicking the victim.

    I wish the photos were available, as they seem to be absent from the report, but nowhere are they referenced in the report other than documentation of the singular injury. That leaves the impression of the absence of multiple head and facial trauma.

    The Plants fiasco even finds its way to muddy this story. Such a small state.

    • Hillboy

      He should be charged. Too much attention is being placed on whether or not she was kicked, of which there was no witness. So, she supposedly took a swing at him--no witnesses to that either. And, no one said it landed. He then pushed her hard enough to knock her unconscious and cause profuse bleeding of the head. That goes well beyond what I would categorize as your classic sibling shove. He left her unconscious! This should be prosecutable and I think would be if it weren't for his mom.

      • The bookman

        He was charged. The prosecutor dropped the charges for the lack of evidence supporting the charge. He probably gets by with better treatment than most would, but largely because he has good representation and because he has means. What can be done about that? Nothing.

    • Aaron

      It was the city that sought to remove Plants from Domestic Violence cases, leading to Judge Bloom's decision and the subsequent actions. That continued a adversarial relationship between the city and Plants office.

      • arp

        Agreed. I lot, if not all, of the "Plants controversy" is simply Charleston City Police and Danny Jones trying to run him out of office for a number of personal reasons. And of course, the Democrat Co. Commission jumps all over the opportunity to replace him with one of their own.

        • Aaron

          Not all of the controversy is the doing Danny Jones or the city. Mark Plants was the one who broke the law when he violated a lawfully issued DVP. He has no one to blame for that but himself

  • wvumounties8

    Possible way for Plant's to get a little favoritism just in case his charges or law license issue ever reach's WVSCofA!?!?

    • Drama Queen Conservative Troll

      So true. He should resign while he can still keep his law license.

  • thornton

    Incroyable

  • Jason412

    If he didn't kick her, it may might not be malicious wounding, but even the shove resulting in concussion admitted by the prosecutor and sister is domestic battery. Where is that charge?

    French language software, is that what they're calling drugs these days?

    • The bookman

      Would it be if she were the aggressor?

      • Jason412

        From what I understand, both would be charged. If they chose not to press charges, in most cases, the state would press the charges. It's not uncommon for domestic violence victims to try to drop charges, after the police report is filed the state has more say than the victim(s). At least that's my understanding.

        • Jason412

          After double checking I may be wrong about charging both, dual-arrest is discouraged in WV.

          "If you receive complaints of domestic or family
          violence from two or more opposing persons,
          evaluate each complaint to determine who was the
          predominate aggressor. If you determine that one
          person was the predominate aggressor, arrest only
          the predominate aggressor.
          In determining whether a person is the
          predominate aggressor you should consider:
          a) Prior complaints of domestic or family
          violence.
          b) The relative severity of the injuries inflicted
          on each person.
          c) The likelihood of future injury to each person.
          d) Whether one of the persons using reasonable
          force acted in self-defense.
          e) Initial physical contact alone does not
          determine predominate aggressor.
          Some Considerations in Determining the
          Predominate Aggressor
          • Fear – Who talks and acts scared?
          • Body Language – Who displays an aggressive
          stance?
          • History of Abuse – Consider medical records,
          911 tapes, prior police reports, protective
          orders, etc. Examine the paper trail.
          • Excited Utterances – Statements of adults
          and children blurted out while
          they are still upset.
          • Injuries – Who is injured, and are the injuries
          defensive or offensive?
          • Crime Scene – Observe smashed furniture,
          broken glass, etc. Whose objects are broken
          or destroyed?"

          http://www.djcs.wv.gov/Specialized%20Programs/gtea/Documents/Domestic%20Violence%20Response%20Guide%202.pdf

          But under the "excited utterances" I believe her statements at the scene mean more than her statements now, since it is common among domestic violence victims. I'm not a lawyer so I'm unsure.

  • zero tolerance

    Predictable but still quite laughable.

    Lawyers and judges regulating other lawyers and judge's kids.

    Would you have expected anything else?

  • David

    Another example of white privilege ...

    They were probably arguing over drugs..

    Nobody cares about the French language that much..

    Do you think a black person, a poor person would have got this treatment?

  • David

    Bigger story here is a Supreme Court justice obstructing officers in their official duties.

    Ms Workman needs to be investigated and charged for her illegal actions.

  • David

    More evidence of the good ole boy system is alive and well in Kanawha

    What a cesspool..

    Anyone else whose mother wasn't a Supreme Court justice would be in jail.

    Remember this when this woman runs for reelection.

  • Molon Labe

    What a crock of turds

  • Aaron

    What does the evidence say? If she hit her head while falling, there would be one injury. If she were kicked 3 times while on the ground, there would be evidence of multiple injuries. If Charleston police have evidence of the latter they should 'leak' that information to the press as well.

    The only other thing I wonder, as this is a domestic case and Mark Plants cannot prosecute such cases due to his breaking the law, was this handled by the special prosecutor or someone else in the Prosecuting Attorney's office.

    • Jason412

      Aaron,

      "Kanawha Prosecuting Attorney Mark Plants’ office put out a news release Wednesday morning explaining why the charges were dismissed in an attempt to clear Edward Gardner’s name, Miller said. The investigation was thorough but quick, Miller said, because Edward Gardner is soon expected to begin medical school" - Gazette

  • Dumb Liberals

    You have got to keep in mind that the Kan-a-wa-HA prosecutor's office is prohibited by the WV sepreme's from hearing ANY domestic violence cases until the issue(s) with the duly elected prosecutor's domestic violence criminal and civil litigations are completed - one way or another. As a result you have the duly appointed special persecutors appointed by the WV sepremes handling this and other domestic cases. Isn't the defendant's mother a WV supreme? She seems to be above reproach. After all, she raised such a fine POS son!

    I can't see one iota of favoritism, undue influence, much less even the slightest question of ethical impropriety. (extreme sarcasm) Can you?

    The liberal democrats, (d)'s, socialists, leftists have shifted into high gear and are jetting to the total destruction of the American system and way of life. The blind woman of justice was murdered and replaced with puppets of the m0r0n's invaders.

    • Drama Queen Conservative Troll

      It has absolutely nothing to do with Liberal Democrats. Workman is connected, and would be whether Democrat or Republican. On the other hand, I do agree that Plants being in hiatus certainly doesn't weigh we'll on the scales of justice.

    • js

      disbarred lawyer

    • jss

      Dumb Liberal=failed lawyer, filled with vitriol.

      • jss

        and lost his race

  • Barryeary

    Scratching my head on this one. "Arguing over some French literature software". " typical brother sister spat" ( yeah someone always gets a concussion in those). Arrested on August 5th. Ten days later young man is finally interviewed by police at high end home of a Supreme Court judge. Prosecutor who drops charges never speaks with young man.Five days later charges dropped. Prosecutor suggests in Gazette article that investigation was relatively quick because the young man had to get back to medical school.

  • Pickle Barrel

    This smells. Mayor Danny Jones, what say you?

  • RogerD

    It's interesting the two reports don't agree. Is it typical in a "typical brother-sister spat" that someone ends up in the hospital?