CHARLESTON, W.Va. (WSAZ) -- Charleston Mayor Danny Jones is calling for a special prosecutor to take a closer look at a case handled by Charleston Police that involves the children of West Virginia State Supreme Court Justice Margaret Workman.
Last week, charges were dropped against Workman's son Edward "Teddy" Gardner when the Kanawha County Prosecutor's Office said that the victim, Gardner's sister and Workman's daughter, told them she fell unconscious and was "talking out of her head" when she said her brother kicked her repeatedly in the head.
Several witnesses told police that is what Lindsey Gardner told them. The police report in the case also says that she murmured to a doctor the same thing.
Jones said he would like to see a special prosecutor take a closer look at this case for reconsideration.
"I think there is a miscalculation here," Jones said. "This should have gotten more attention than just a dismissal as a family spat."
"This particular case should have had to go through the requirements and the protocols that regular domestic violence cases go through, even when the victim changes their mind," Jones said. "And that is not the first time this has happened."
WSAZ.com asked the Mayor if this would even be an issue if these weren't the children of a Supreme Court Justice?
"It wouldn't be," Jones said. "But this case would have been followed through with. It would have been followed through with just like any other case and there would have been witnesses and there would have been witnesses called and there would have been a preliminary hearing."
Prosecutor Chuck Miller says that he is willing to sit down with city leaders, along with their experts, and go over the evidence he had in the case -- evidence he said is not sufficient to prosecute, which is why he decided to drop the case before a preliminary hearing could even happen.
"Once all the evidence was in, the case simply wasn't there," Miller explained. "We have an eyewitness who says that is not what happened and a victim herself saying if I said I didn't have any basis for it because my brother wouldn't do that and based upon that -- that is not a prosecutable case."
As for the witnesses who say they heard Gardner say that she was kicked in the head by her brother -- Miller says you don't have to be a lawyer to know that is "hearsay" and says that it is not admissible in court.
Miller admits he is not a doctor but says that in nearly four decades of his law experience he has seen many medical reports. He says that the medical records are consistent with the fact that Gardner fell and hit her head.
The fact that this case is high-profile isn't lost on Miller because these are the children of a State Supreme Court Justice.
"I understand that and I am sure that people will think that. We try very hard to be even handed with everyone. I can't say that case was handled ordinarily because I said to the detectives we have to make sure that we cross every "t" and dot every "i" in this case because I know people are going to be looking at it," he explained.
Miller went on to say, "I've offered and will offer again to sit down with the mayor and the chief of police and go over the evidence. I will have a public debate about them about whether or not the case can be prosecuted if they want, they can bring any lawyer they want to look at it they can look at the report, it is simply not a prosecutable case. Its unethical for me to try to go forward and try to prosecute someone for it when I don't have any evidence."