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Charleston, WV mayor drops calls for independence review in malicious wounding case

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CHARLESTON, West Virginia -

UPDATE:

Charleston Mayor Danny Jones is dropping calls for an independent review after Kanawha County prosecutors opted to drop a malicious wounding charge against Teddy Gardner, the son of West Virginia Supreme Court Justice Margaret Workman.

Jones issued a statement on Thursday morning.

"Yesterday I asked for a meeting with Kanawha County Prosecuting Attorney's Chief of staff Chuck Miller. He and Steve Revercomb, also from the Prosecuting Attorney's Office, came to my office yesterday afternoon and met with Police Chief Brent Webster, Lt. Steve Cooper and me. We had a very frank discussion and completely candid exchange of views about the Gardner case. Good points were made, and I think both sides learned a lot. I know I did.

In the final analysis, it is the prosecutor's office, which makes the final decision whether to prosecute a case or not, and the City accepts that. I am thankful to Chuck and Steve for their time, and I recognize that they have the jurisdiction in this and every criminal case. I have known Chuck Miller for 37 years, and would do nothing to impugn his integrity."

Jones went on to say that he believes "we have done all we can do in the Gardner case, and therefore I feel it's time to move on."

_____

Mayor Danny Jones is questioning the decision by the Kanawha County Prosecutor's office to dismiss charges against Edward Gardner.

Gardner is the son of Supreme Court Justice Margaret Workman. He was accused of kicking his sister Lindsay Gardner in the head. Malicious wounding charges were filed against Gardner after incident occurred and his sister was found bleeding in a ditch. 

Charleston West Virginia's Mayor wants the prosecutor's office to reconsider the decision and bring witnesses in the case before a grand jury.
Kanawha County Assistant Prosecutor Chuck Miller said it would be unethical to pursue the case without enough evidence. "Certainly you can't win a case where the only witnesses you have that say anything that is incriminating are hearsay witnesses," Miller said.

Jones said in his opinion justice may not been served. "I just think it needs to be looked at again to make sure justice is dealt with," Jones said.

Miller said he has offered to explain the decision to dismiss the charges to the Jones and the city attorney.