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.
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.