Prosecutor Chief of Staff Chuck Miller

CHARLESTON, W.Va. – A malicious wounding charge against the son of state Supreme Court Justice Margaret Workman was dropped by Kanawha County prosecutors Wednesday following further investigation. 

Photo courtesy WSAZ-TV

Charleston resident Edward Gardner was arraigned on malicious wounding charges Aug. 6.

Prosecutor’s office Chief of Staff Chuck Miller tells MetroNews Edward Gardner, 27, did not assault his sister, Lindsay Gardner, Aug. 5 during a confrontation in Kanawha City near the driveway of their mother’s home.

“It’s a typical brother sister spat,” Miller said.

The two were supposed meet somewhere in Charleston but their was a mix-up. Miller said they arrived in separate vehicles near the Quarry Creek driveway and Lindsay Gardner, 29, got out of her car and approached her brother and swung at him and he pushed her away.

“She’s very slight. She’s a very thin woman and she stumbled and fell backwards and hit her head,” Miller said.

Police originally said Edward Gardner kicked his sister in the head three times and said he wanted to kill her. Miller said there was no evidence to support the original allegations.

“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, we reviewed the hospital records, she only had one injury and that’s when she hit the ground,” Miller said.

But Charleston Police Chief Brent Webster released a statement Wednesday that said he is “standing by the original police report.” Webster referred all other questions to the prosecutor’s office.

Miller said the only eyewitness to what happened was Edward Gardner’s girlfriend who was in his car. Miller said three people who came on the scene after the incident repeated to police what Lindsay Gardner told them.

“Ms. Gardner, who apparently was extremely confused as a result of the blow to her head, made the statement that ‘my brother kicked me in the head.’ The witnesses who heard those statements reported it to police and that was the basis for the charge of malicious wounding,” Miller said.

Miller also said Edward Gardner did not leave his sister bleeding in a ditch as some reports indicated. He said he called his mother and Justice Workman came down and stayed with until daughter until an ambulance arrived.

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Comments

  • wvtd

    time to loot and riot.

    • Lets Get Er Done

      +1

  • Shadow

    Having read the Police Report, I can understand why the Chief stood by it. It was done well and reported what was seen by his officers. However, the story it told was not backed up by the medical data. The evidence support the son's story. So where is the problem?

    • Lets Get Er Done

      She didn't fall down on her own. So hard that she had to spend 4 days in the ICU? And you can't touch anyone without their permission. So simple assault is an appropriate charge at the minimum. geez, you must be one of his fans or dealer.

  • The Answer

    Mommy help I'm in deep do,do..

  • Jonus Grumby

    How convenient.

  • BH

    So the sister recants her account, but given the neighborhood and the residents of this address, would there not be video surveillance ?

  • wornoutwv

    but their was a mix-up.

    ......there............

  • Tom

    It's sure is nice to be rich. You can shot at cops(Bramble),hit you sister(workman),or beat your kids (plants). I love WV.

  • JustaFan

    Typical brother/sister spat?? When they are both nearly 30??? I stopped having shoving matches with my siblings in my early teens.

  • Rick55

    It was unclear from the story what Edward Gardner's girlfriend saw, the only witness on the scene. But since the 3 others who came on the scene only repeated what the girl said, and the girl had been unconscious, and the hospital report only indicated a fall, not a kicking , I tend to believe that he did not actually kick her.

    I understand that its a lot easier and glibber to scoff that its a coverup and same old "people in powerful places" blah blah blah, because most commenters had their mind made up before they even read this story.

  • Concessions4u&me,right?

    “She was knocked out when she hit the ground and didn’t recall anything..."

    How convenient. Did we expect anything other than a cover-up?

  • Will

    Examine any police records regarding any of the Workman kin, and you will find they enjoy some of the most liberal legal breaks that NO ONE ELSE in this state will ever get. It really is WHO YOU KNOW, and not any presumption of innocence, or rights of the accused. I’d trust the people in the first 8 rooms at a motel 6 with my freedoms rather than the overpaid, over rated, blowhards that trod the halls of government in this city, or the state.

    • appikid

      The Charleston police stood by their reports and passed all questions to prosecuting attorney? Since when did a domestic confrontation that required a police and first responder response and the victim to be put in the hospital become a spat! Mark Plants is in deep s**t for what he did, not saying he was right, but this smells to high heavens! Equal justice for all! This frail young woman took a swing and got knocked down and hit her head, and that is ok? Give me a break!

      • appikid

        Jane Doe takes a swing at John Doe, John pushes Jane and she falls down by accident and hits a rock! John is going to jail! And he will face trial where ALL the evidence will be put before a jury or judge of his peers! That is our justice system! ALL are innocent until proven guilty by the evidence before a court of their peers! This case didn't get that far! Ask one question, WHY?

  • mook

    lets see, police did not see it happen. someone told the police it happened. now whats that called in court?? oh ya, hear say. so I guess it didn't happen!!

  • griff

    Maybe the next time it will be his "mommy" that he beats up. will be anxious to see what happens to the lowlife then

  • hillbilly

    If she was indeed kicked in the head there should be some evidence of that. Guess there was some other powerful "persuasion" that convinced prosecutors to drop the charges. If that was me I would still be in jail, with a 10 million dollar bond.

  • Bill

    This is what you get when you wade in the low end of the gene pool.