Back on Aug. 5, the Charleston Police were called to Kanawha City after a report of a person down. When they arrived, shortly after the paramedics, they found Lindsay Gardner, 29, lying on the grass near the driveway of the home of her mother, state Supreme Court Justice Margaret Workman.
Citizens who arrived before police said they found Gardner along the side of the road, bloody and unconscious. When she came to, she told them that her brother, Edward Gardner, 27, had knocked her down, kicked her three times in the head and left her there.
Lindsay Gardner was taken to the hospital for treatment of a cut on her head and a possible concussion. She was admitted to ICU and remained in the hospital for several days.
The day after the incident, Edward Gardner turned himself in to police and was charged with malicious wounding, a felony.
Yesterday, Kanawha County Prosecutor’s Office Chief of Staff Chuck Miller announced they were dropping the charge against Edward Gardner. Miller said his investigation showed that during an argument between the two, Lindsay took a swing at her brother. He pushed her and she fell and hit her head.
“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,” Miller said. “From the medical evidence (and hospital records), she only had one injury and that’s when she hit the ground.”
Miller’s conclusion differs significantly from police reports and witness accounts. Lindsay Gardner told several people she was kicked in the head. Police found what they believe was blood on Edward Gardner’s shoe (which is still being tested). Witnesses told police that Lindsay Gardner said her brother was trying to kill her.
When police went to the hospital to question Gardner she refused to give a statement and they were told by Justice Workman that her son had hired an attorney. Edward Gardner was charged, but never had a preliminary hearing and his case was never brought before a grand jury. Instead, the charge was simply dismissed.
The obvious question is whether Edward Gardner was treated differently because his mother sits on the highest court in the state. It’s unfair to automatically assume he was, however, this looks very bad.
Whether Lindsay Gardner was kicked three times in the head or just fell after being pushed, her injuries were serious enough to warrant a stay in intensive care. Police felt the incident rose to the level of a felony.
It’s common in domestic violence cases—and a sibling fight is domestic violence—for the victim to change their story later. They may be afraid of their attacker or they don’t want to see a loved one go to jail. That’s why West Virginia state law gives considerable latitude to authorities to pursue domestic violence charges, even if the alleged victim is reluctant to cooperate.
No one knows this better that Justice Workman. She has long been an advocate for victims of abuse. The West Virginia Encyclopedia says she has “worked to establish model domestic violence programs.”
None of this instills faith in the already troubled Kanawha County Prosecutor’s Office or our legal system in general. Current Prosecutor Mark Plants is prohibited from handling domestic violence cases because he has two charges pending against him related to domestic disputes, and now the office drops a felony charge against the son of a State Supreme Court Justice in a case where a woman was left bleeding and unconscious beside a city street.
It’s possible that if all the facts of the Gardners’ fight came to light a judge or jury would arrive at the same conclusion as the prosecutor and drop the charge. However we’ll never know, and the circumstances surrounding this case serve to undermine the essential principle that we’re equal under the law.