Police, prosecutor issue conflicting reports on assault involving justice’s children

A Charleston Police Department report of a fight between Edward Gardner and his sister Lindsay Gardner contradicts the findings of the Kanawha County Prosecutor’s Office. 
Prosecutors decided Wednesday to drop a felony malicious wounding charged against Edward Gardner.  Both are the children of state Supreme Court Justice Margaret Workman.

Police released the report to the public Wednesday afternoon just hours after the Kanawha County Prosecutor’s Office announced the charge was being dropped.

Gardner, 27, was arrested following a confrontation with his sister, Lindsay, 29, Aug. 5 near their mother’s home in Kanawha City. At the time, police accused Edward Gardner of knocking his sister to the ground and kicking her in the head. The injuries were severe enough to require hospitalization for a laceration of her head and possible concussion.

The police report indicates that Lindsay Gardner said repeatedly that her brother knocked her down and kicked her in the head three times, leaving her bloody and unconscious. She told three different people at the scene. However, the report says Lindsay was uncooperative when they tried to question her at the hospital.

According to investigators, they were met at the hospital by Justice Workman, who initially refused to allow police to enter the room.  However, police later returned with Kanawha County Prosecutor’s Office Chief of Staff Chuck Miller. He spoke with Workman for few minutes and then police were allowed in the room to take pictures.

Gardner finally talked with police 10 days later at her mother’s Quarry Creek Road home.  The report says Lindsay told police she and her brother had been arguing earlier in the day “over some French language software.”

When asked why she said she was kicked three times, Lindsay told police that she was “talking out of her head.”

Miller told MetroNews the charge has been dropped because Edward Gardner did not assault his sister.  “It’s a typical brother-sister spat,” Miller said.

Miller says Lindsey Gardner took a swing at her brother, who then pushed her.  She hit her head when she fell.

“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 (showed) she only had one injury and that’s when she hit the ground,” Miller said.


Chief Brent Webster says he is “standing by the original police report.”