CHARLESTON, W.Va. — Charleston Mayor Danny Jones is defending the work of the Charleston Police Department during the investigation into the case involving the son of state Supreme Court Justice Margaret Workman who had been accused of beating up his sister.

“We did our job,” Mayor Jones said on Thursday’s MetroNews “Talkline.”

A malicious wounding charge against Edward Gardner, 27, was dropped Wednesday after officials with the Kanawha County Prosecuting Attorney’s Office determined there was not enough evidence to pursue the case.

It stemmed from an Aug. 5 fight between Gardner and his sister, Lindsey Gardner, 29.

Chuck Miller, chief of staff for the Kanawha County Prosecuting Attorney’s Office, said — upon further investigation — it came to light that Lindsey had tried to take a swing at her brother in the Quarry Creek area of Charleston, close to their mother’s house, after they both had gotten out of separate vehicles.

When she approached him, Miller said Edward Gardner pushed her away to defend himself and that was when she fell back and hit her head.

“We just didn’t have a case,” Miller said.

Originally, Lindsey Gardner had told a different story. She claimed her brother kicked her in the head three times and said he wanted to kill her. She was hospitalized because of a laceration to her head and a possible concussion.

Charleston Police said, despite what she told three people at the scene, Lindsey Gardner was not cooperative with police when they tried to question her at the hospital. Her mother, Justice Workman, was there.

It would be ten days before Lindsey Gardner gave a full statement to Charleston Police.

At that later date, she reportedly said she was “talking out of her head” when she first claimed her brother had attacked her. The only eyewitness to what happened was Edward Gardner’s girlfriend who was in his vehicle at the time.

“We went through the case, by the numbers, and looked at everything, examined every witness, looked through voluminous medical records to make sure that there was no evidence of any other injury to her head and, given her statement, that just kind of puts a hole in the case completely,” Miller said.

Charleston Police Chief Brent Webster has said he is “standing by the original police report.”

Of the charge being dropped, “Some of these other police officers are very taken aback by this,” Mayor Jones said. “They think the case ought to be allowed to proceed forward with what’s in their police reports and deal with the witnesses that are involved in that.”

Miller said it made sense to move quickly with the dismissal.

“This young man was scheduled to start medical school and, because of this charge, that admission to medical school was, sort of, on hold and it seemed important for us to resolve the case as quickly as possible to avoid that impact on him,” Miller said. “That is being denied admission to medical school.”

Tom Peyton, a Nitro attorney, said holding a preliminary hearing in Kanawha County Magistrate Court — the next usual step after an arrest — would have answered many of the questions that are now being raised.

“That hearing could have been handled very quickly,” Peyton said. “I guess what I would hope is that anybody who was in a similar situation as Edward Gardner, because of their work or whatever, would get the same consideration and I’m not 100 percent sure I’ve seen that in the past.”

The case was one of the main topics on Thursday’s MetroNews “Talkline.”

Justice Workman has not commented publicly about the matter.

bubble graphic


bubble graphic


  • More BS

    BS, BS, BS, BS, BS, BS and more BS from the great state of Kanawha and the political elite. Time to get the U.S. Attorney General involved and turn this corrupt circle upside down. What hasn't Justice Workman been charged with obstruction? Simply unbelievable.

  • knows

    nothing but a load of SHI# !! Mother probably bought daughter new car or something to get her to change story. even though i don't live near there i surely don't believe chuck miller nor have i ever heard of him before this story. justice workman just wanted to get this swept under the rug. if it was anybody else they would have said tough shi? about the supposed starting of medical school. same behavior has probably happened before and will surely happen again

  • knows

    maybe he's going to medical school so he can treat his future handiwork

  • jm

    utter Bull&%$#

  • Dennis

    I wonder if his court date regarding the charges that are pending from an incident in the City of Nitro that is scheduled for September will impact his admission to medical school? It appears that there would have been sufficient time to hold the preliminary hearing between now and that pending court date.

  • Hillboy

    “This young man was scheduled to start medical school and, because of this charge, that admission to medical school was, sort of, on hold and it seemed important for us to resolve the case as quickly as possible to avoid that impact on him,” Miller said. “That is being denied admission to medical school.”

    I question whether someone who leaves a person unconscious and bleeding is qualified to be admitted to med school.

    • Wirerowe

      Hillboy . The same question I was asking. Coupled with a DUI I would hope the answer would me no.

  • Dumb Liberals

    Corruption on a MAJOR scale! I wonder if they need to check Miller's bank accounts? What does it cost to buy ignorance and blindness of the law in WV?

  • Tyrone

    Just another day in the legal system of W.V. business as usual. I have a saying what come oround goes around or karma

  • Voter

    Yeah I'm sure the sister is getting something nice for changing her story (maybe a new Porsche) so that brother can go to med school. He will kill someone the next time.

  • Aaron

    If you read the comments from other stories regarding this case one would think that Margaret Workman committed a travesty of justice worthy of a life sentence at the latest and the prosecutors office is committing the biggest cover up since watergate. The only thing left to wonder is whether or not Workman and her son should face capital punishment. I'm sure the legal expert on the other thread could answer that as he's read the law.

    • the flying dutchman

      no...not worthy of captial punishment. however, you shouldnt underestimate the impact that influence peddling has upon the legal system. it goes to the heart of why we have laws that protect the innocent and prosecute the guilty. i dont know much about what happened..i wasnt there...but what i do know is that police, who intereviewed three witnesses who were on scene, have a strong belief that a felony took place and that charges should have been filed. captial punishment wouldnt have been on the options list...but accountability would have been.

    • Dumb Liberals

      No problem here. Fire up Ole Sparky! Can't think of a more deserving pair. They are the root of the problem. Need a volunteer to throw the switch?

  • the flying dutchman

    the power of the powerful on display. if the indivduals were poor or black....the charges would have been filed..the entire kanawha county prosecuting office should be ashamed of allowing the influential to influence their decision. it appears mark plants has truely staffed that department in his image.

  • Larry

    If i pushed my girlfriend in self defense and she fell and hit her head. I would be in jail.

  • Chris

    The fact that he was admitted to medical school should have no bearing on the decision to drop the charges. The kids are train wrecks. It is only a matter of time before they hurt themselves or someone else again. It is a very sad situation.

  • reality check

    No one is above the law. Unless you have friends (or parents) in high places. If you do, then you can do whatever the hell you want and someone will cover for you. they should charge Justice Workman with obstruction. of course that would never happen. guess there are still a lot of criminal politicians left to clear out of Southern WV.

    • The bookman

      Isn't the real question should a person of means and influence have a higher standard to meet? That's what your asking. Two sets of rules according to the law. Yes, there are already two sets of rules, but not by law. Those with means and influence have better opportunities to defend themselves. But in our country, the presumption of innocence is the rule of law, not the exception in the event you are wealthy. So, yes sir, no one is above the law. But no one should be held below the bar due to who they are, or who they know. There should be an abundance of light, and any impropriety on the part of law enforcement and the prosecutor should be severely punished. But we shouldn't start defining the threshold for judicial action based on your 1040 Tax Return.

  • RogerD

    This appears to be another case of unequal justice. It would have been best for all concerned to let it play out in a court of law.