UPDATE: Malicious wounding charges against WV Supreme Court just - WOWK 13 Charleston, Huntington WV News, Weather, Sports

UPDATE: Malicious wounding charges against WV Supreme Court justice’s son dropped

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CHARLESTON, WV - UPDATE:

The Kanawha County Prosecutor's Office dropped felony charges against the son of a West Virginia Supreme Court Justice.

Edward Gardner, the son of Justice Margaret Workman, was charged with malicious wounding. He was accused of kicking his sister, Lindsay, and then leaving her in a ditch on the evening of Aug. 5. Prosecutors say physical evidence and statements obtained from Lindsay later on did not support initial allegations. 

"He didn't do anything violent, this was an unfortunate family accident and incident," said Jesse Forbes, the attorney for Edward Gardner.

Charles Miller, the chief of staff for the Kanawha County Prosecutor's Office, said Lindsay was involved in a dispute with her brother. When she tried to hit him, he pushed her away, causing her to fall and hit her head. 

Initial reports painted a different picture. People who responded to the scene said Lindsay told them her brother punched and threw her to the ground, then used his foot to stomp on her head.

(CLICK HERE FOR THE CHARLESTON POLICE INCIDENT REPORT)

"She was angry and that may have caused her to say those things, because her mind was addled by the blow to the back of her head," said Miller.

Miller said a review of medical records supported the more recent version of events. There was no evidence of any injury consistent with being kicked as previously reported. 

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ORIGINAL:

Edward Gardner was arraigned on a charge of malicious wounding against his sister, Lindsay Gardner August 6.

Both are children of West Virginia Supreme Court of Appeals Justice Margaret Workman, who responded through a spokesperson she had no comment on the situation.

According to court documents, Edward Gardner kicked his sister three times in the head and body in the evening hours of August 5.

Lindsay Gardner, who resigned as communications manager for the Charleston Convention and Visitors Bureau in March, was transported to CAMC General, according to police. She is in the intensive care unit suffering from a concussion, cuts on her scalp and a possible skull fracture.

Edward Gardner is now out of jail on a $25,000 bond.

This is Edward Gardner's second run-in with the law in as many months. According to an arrest report from the Kanawha County Magistrate Court Gardner was arrested July 9 in Nitro for driving under the influence and possession of marijuana. The report says Gardner was uncooperative with police and repeatedly told police "my mom's a Supreme Court judge."

Edward Gardner's preliminary hearing has been scheduled for 1:30 p.m. August 15.