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Supreme Court justice’s son accused of attacking sister

By Dave Boucher, Capitol Bureau Chief
MARCUS CONSTANTINO/DAILY MAIL
Edward Gardner arrives at Kanawha County Magistrate Court on Wednesday morning. Gardner was arrested after allegedly beating his sister and leaving her in a ditch near Quarry Creek subdivision Tuesday evening.

The son of a state Supreme Court justice sent his sister to the hospital after beating her Tuesday evening, according to information from the Charleston Police Department.

Edward “Teddy” Gardner, 27, of Huntington, is charged with felony malicious wounding for allegedly attacking Lindsay Gardner, 29, Charleston Sgt. Tony Hazelett said. Both Gardners are the children of Supreme Court Justice Margaret Workman.

As of 4:30 p.m. Wednesday, Lindsay Gardner was in the intensive care unit at Charleston Area Medical Center’s General Hospital in serious condition, according to information provided by the hospital. Earlier Wednesday she was considered in stable condition, Hazelett said.

Jesse Forbes, Edward Gardner’s attorney, said he and his client “take serious issue” with the facts as they have been presented by the police.

“We believe Mr. Gardner is innocent of the charges he’s been accused of,” Forbes said, declining to go into detail about which specific information he disputes.

Forbes said Edward Gardner is a student, but didn’t provide further details.

At about 9:45 Tuesday evening Lindsay and Edward Gardner were driving in the Quarry Creek subdivision in the Kanawha City area, Hazelett said. The pair got into an argument; Lindsay stopped driving, parked her car and started walking, Hazelett said.

Edward Gardner followed his sister, “said he was going to kill her,” punched her and threw her to the ground, Hazelett said. Then he “used his foot and stomped her head onto the roadway three times,” Hazelett said.

Witnesses heard the fight and found Lindsay Gardner lying in a ditch. Charleston Lt. Steve Cooper said she was found “with her hair and face saturated with blood.” Edward Gardner left the scene and Lindsay Gardner was transported to CAMC General.

According to the criminal complaint, her preliminary diagnosis indicates she suffered a concussion, laceration to the scalp and a possible skull fracture.

Cooper said Edward Gardner turned himself in Wednesday morning at Kanawha County Magistrate Court. Lindsay Gardner spoke with law enforcement and medical personnel Tuesday evening, Cooper said, but he said he could not release any information about what she said.

“The investigation is continuing even though the arrest was made,” Hazelett said. “We need to figure out why the argument took place.”

Cooper said more information would be released at the preliminary hearing, which is set for Aug. 15.

Hazelett said police don’t believe alcohol was a factor in the alleged beating.

He also said he wasn’t immediately aware of any history of anything similar to last night’s alleged attack happening in the family previously. Forbes said Edward Gardner had “absolutely no history” of any behavior consistent with the police’ allegations.

“At this time, we look forward to Mr. Gardner having his day in court,” Forbes said. “A court case has been brought here and we look forward to showing the facts are different than (the police allege).”

Last month, Edward Gardner loudly professed his mother was a Supreme Court justice when he was arrested in Nitro on a DUI charge, according to the Nitro Police Department.

“I asked Mr. Gardner if that was supposed to affect the way I treated him. He became very angry and told me I was bullied in high school and stated that I was uneducated,” Nitro Sgt. J.M. Raynes wrote in the July 9 criminal complaint.

Edward Gardner is also accused of having marijuana in the vehicle at the time of his first arrest.

A spokeswoman for Margaret Workman said the Supreme Court justice has not made a comment on the matter.

Malicious wounding carries a sentence of two to 10 years in prison, according to state code.

The Kanawha County Prosecutor’s Office is handling the case, confirmed office Chief of Staff Chuck Miller. Kanawha County Prosecutor Mark Plants is only disqualified from dealing with domestic violence cases that involve a parent and a child, Miller said.

“We’re just trying to gather the facts and see what really happened,” Miller said.

Miller said the people involved in the case have cooperated with his office and they should be able to make a determination as to how to proceed with the case soon.

Edward Gardner was released on a $2,500 cash bond after being arraigned in magistrate court, said Forbes and a magistrate’s assistant.

Staff writer Marcus Constantino contributed to this report.

Contact writer Dave Boucher at 304-348-4843 or david.boucher@dailymailwv.com. Follow him at www.Twitter.com/Dave_Boucher1.


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