CHARLESTON, W.Va. — The son of a state Supreme Court Justice no longer faces a felony charge related to the alleged beating of his sister, but Charleston police are standing by their original report.
The Kanawha County Prosecutor’s Office dismissed malicious wounding charges against Edward Gardner Wednesday morning. Gardner, 27, is the son of West Virginia Supreme Court Justice Margaret Workman.
A Supreme Court spokeswoman said Workman had no comment.
Gardner was accused of beating his sister, Lindsay, and leaving her in a ditch in the Quarry Creek area the evening of Aug. 5.
The physical evidence and statements from Lindsay Gardner and Edward Gardner’s girlfriend didn’t support the initial allegations, said Charles Miller, chief of staff for the Kanawha County Prosecutor’s Office.
Instead, Miller said Lindsay and Edward were arguing and that she fell after a “defensive push” and hit her head.
“She indicated that her brother would not do that,” Miller said, referring to the original allegations. “It was simply an accident.”
Neither law enforcement nor prosecutors spoke to Edward Gardner before charges were dismissed.
“He’s out of town; we couldn’t interview him,” Miller said.
The only eyewitness is Edward Gardner’s girlfriend, Myra Jimez. Workman told police the fight began when Lindsay called Edward’s girlfriend “some inappropriate names.”
Jesse Forbes, the attorney Workman hired for Edward Gardner, said his client and the family were relieved the “unfortunate family accident” is behind them…