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.

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  • Reba

    Please!! Give me a break! This has put another pimple on the a## of the whole judiciary!

  • P1

    in any other case in america, prosecutors are required by the VAWA (violence against womens act) legislation to have "no drop" policies on defendants.....meaning, NO CASE is ever allowed to be dropped. they all proceed to trial, full steam ahead - evidence or not.

    additionally, the defendant would be hit with an extra charge of "assault on a female".

    • Jonus Grumby

      You are saying a simple accusation with no evidence to back it up means a defendant is brought to trial? Hmmmm.

  • say it aint so

    Which medical school would accept an applicant charged with DUI and possession of pot? Or have those charges been dropped also?

  • Beekeeper

    This just doesn't add up. If the young man was innocent of any wrongdoing, why did he leave the scene and have to turn himself in later?

  • Jackmeoff

    Hey, I'm going to medical school, where do I get my "get out of jail free card?" Can you Justice Workman, the Mayor or the prosecutor please tell us where to pick those cards up please?

  • Earl Ray

    Ok, so the message here is you can shove your spouse, significant other or girl friend to the pavement and nothing will happen to you. Right Mr. Prosecutor? Everyone needs to bank this one for your defense in the future. Not that I condone this type behavior but a nasty precedent has now been established. Unbelievable. I would also think his DUI case will be pled down to wreckless driving or simply be dropped as well.

  • Thomas

    Somebody is certainly guilty of something here. All these resources expended for nothing? Lies, lies and more lies. Obstruction and deceit. Political patronage. And it's all been discounted by the Kanawha County elite and entitled. C'mon Metronews do some real investigative reporting and turn this story upside down so it doesn't just go away.

  • 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