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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  • 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.

  • WSC


  • Chef Camille

    Come on does this crap really happen to normal people? Workman is a buffoon but the real problem happened when she allowed herself to become pregnant and continue on with her gene pool. In the words of Rodney Dangerfield "Now I know why tigers eat their young".

  • WVU86

    Interesting that the Chas PD is "standing by its original report." Obviously the Chas PD disagrees with the findings/ruling of the county prosecutor. Everyone will side with one or the other but you have to wonder what is going on in the prosecutor's office when the chief of staff states this situation is "a typical brother sister spat." Really?? A 'typical' sibling spat results with one being admitted to an ICU with a serious head injury. What a 'wise' individual that Miller is .... not.

  • Don

    This frames it perfectly.....people like "Justice" Workman are the problem. Doctor, heal thyself.

  • reality check

    wow. having a parent in a position of power does really help. wonder what the b.s. story will be next time he beats the crap out of her.

  • Voter

    This makes me sick.

  • cutty77

    The Wheels of Justice turn Slow.

    • Dumb Liberals

      With this type of justice, i.e. WV court of supreme justice, it is called putting the wheels in reverse.

  • the flying dutchman

    i hope that at least the ground was charged in this a general rule i've found the ground to be sneaky quick and capable of rendering kicks to the head in rapid fashion. a movie will be released in the fall that captures this phenomenon quite well....its called groundnado. coming soon to a theatre near you.

  • Dumb Liberal

    Even a blind man could see this politically inspired back scratching happening. I wonder what the return favor is and how much "under the table" cash transfer was?

  • Aaron

    If this is indeed what happened then the individual who gave the head kicking statement to the media should be publicly reprimanded to ensure transparency.

  • Fred

    Once again, professional courtesy trumps a felony.

  • CoolStoryBro

    Nice cover up. Who ever expected him to be punished or anything that could tarnish his mothers name.