After Teen Athlete Loses Both Legs, Outside Judge to Consider Removing Missouri Prosecutor

St. Louis Circuit Attorney Kimberly Gardner appears at her disciplinary hearing in St. Louis, Mo., on April 11, 2022. (T.L. Witt/Pool via Missouri Lawyers Media/AP Photo)

An outside judge has been appointed in Missouri to consider whether an elected prosecutor should be removed from office.

John Torbitzky, an appeals court judge for the eastern district of Missouri, will preside over the removal hearing that is to be set for St. Louis Circuit Attorney Kimberly Gardner. Officials on Feb. 27 were still determining how long it might take for that hearing to be scheduled.

The Missouri Supreme Court appointed Torbitzky in response to Attorney General Andrew Bailey’s Feb. 23 assertion that Gardner “forfeited” her office by breaching her duty to protect the public. He cited numerous cases, including that of a Tennessee teen who had to have both legs amputated as a result of a car crash involving an alleged repeat bond violator.

The appointment of Torbitzky became necessary after “all of the judges in the 22nd judicial circuit recused themselves from hearing the case,” Madeline Sieren, spokeswoman for Bailey’s office, said in a Feb. 27 email to The Epoch Times.

Missouri Attorney General Andrew Bailey speaks to reporters after taking the oath of office in Jefferson City, Mo., on Jan. 3, 2023. (David A. Lieb/AP Photo)

Bailey blames Gardner for the crash that resulted in double amputation for a visiting teen athlete, Janae Edmondson, on Feb. 18.

The motorist accused of causing the injuries, armed robbery suspect Daniel Riley, 21, allegedly repeatedly violated his bond conditions before the near-fatal crash.

At the time, Janae was walking with her parents in downtown St. Louis, Missouri. The family had traveled there from their home in Smyrna, Tenn., for a volleyball tournament in which Janae was a participant.

Bailey says Gardner should have done more to get Riley locked up, and that he should never have been behind the wheel when Janae was injured.

Prosecutor Defends Herself

A Democrat, Gardner accuses Bailey, a Republican, of playing politics. She pointed out that judges, not her staff, decide whether to revoke bonds. Gardner also said that her team “orally” requested Riley’s bond be revoked.

But Bailey stated that transcripts of court hearings do not mention those requests, Sieren said.

And Bailey alleges that the Riley case is only one example of Gardner’s negligence.

In his petition seeking the court-ordered removal of Gardner, Bailey alleges she has a backlog of 3,000 cases awaiting prosecution decisions.

He also asserts that Gardner has “failed to maintain proper attorney staffing.” As a result, a single lawyer in her office is responsible for 44 murder cases; other lawyers under Gardner face similar heavy homicide caseloads.

In a news conference last week, Gardner addressed allegations related to the Riley case but did not address the other criticisms. The Epoch Times has asked for more comment from Gardner’s office.

However, her office released records that provide additional details about the crash involving Riley.

Updated Details About Crash

According to records, Riley was driving a 2023 Audi 05 westbound on St. Charles Street in St. Louis and sped through the intersection of 11th Street. Based on airbag control data, the Audi was traveling 45 mph in a 25-mph zone when it collided with a 2016 Chevy Malibu.

“As a result of being struck by the Audi, the Malibu went airborne and crushed a pedestrian, J.E., between it and another parked vehicle,” a police investigator wrote.

Daniel Riley, 21, a suspect in an armed robbery and a St. Louis, Mo., crash that left a Tennessee teen a double amputee, is shown in a mugshot released on Feb. 23, 2023. (St. Louis Police)

That account differs from an initial police statement, which reported that “Vehicle #2,” the Audi, struck the pedestrian, rather than “Vehicle #1,” the Malibu.

“Vehicle #2 then struck a pedestrian and (a) parked vehicle, before rolling onto its roof,” the original statement said. Both statements were emailed to The Epoch Times.

As a result of the crash, Riley faces five charges. Two are felonies: assault and armed criminal action. He is also accused of two misdemeanor assault charges and operating a vehicle without a valid license. At last check, Riley was being held without bond.

Additional information about his case was not immediately available on Feb. 27.

Support, Sympathy for Girl

Meanwhile, the outpouring of moral and financial support continued for Janae. Donations on a GoFundMe.com page have exceeded $600,000; the goal is $900,000.

To draw attention to that fundraising effort, the 200-foot-tall St. Louis Wheel was illuminated in the teen’s favorite color, purple, this past weekend.

Her father, James Edmondson, wrote about that gesture on Facebook, saying, “What an honor for my sweetheart of a daughter. Love you, Janae, and may all the prayers continue for you in our long journey ahead of us.”

Just before Janae was injured, she had verbally committed to playing volleyball for The University of Tennessee Southern. The university said it would honor her scholarship offer. “Janae is committed to UT Southern, and we are committed to Janae and her future. We wish Janae and the Edmondson family the best as she continues to heal,” the university said in a Facebook post.

“UT Southern athletics, along with our entire campus community, are sending support and thoughts to Janae and her family as they navigate this life-changing accident.“ Athletic Director Brandie Paul said: ”Volleyball doesn’t define Janae as the incredible young lady she is; we value her as a person. It is our honor to support her in every way at UT Southern this fall.”

Likewise, Gardner has expressed her sympathy for the Edmondson family. She also commended Janae’s father for actions that helped save her life; he had used belts as tourniquets to stop the bleeding from his daughter’s legs, Bailey said in his court filing against Gardner.

Janae Edmondson, who lost both legs in a crash in St. Louis, Mo., on Feb. 18, 2023, is shown in an undated photo. (Rhonda Ross/GoFundMe)

Prosecutor’s Rocky History

Gardner, serving in her elected position since 2017, has a history of being embattled while trying to enact what The Associated Press called “a progressive, reformist agenda.”

She was among a number of progressive prosecutors financially backed by billionaire George Soros.

That support drew criticism from conservatives.  However, in the latest controversy over the Riley case and Janae’s injuries, Gardner has even come under fire from fellow Democrats.

Homeowners Mark and Patricia McCloskey confront protesters marching in their neighborhood to St. Louis Mayor Lyda Krewson's house in the Central West End of St. Louis on June 28, 2020. (Laurie Skrivan/St. Louis Post-Dispatch via AP)

In December 2020, a judge removed Gardner from the high-profile case of Mark and Patricia McCloskey, stating it was inappropriate for Gardner to use the McCloskey case to raise funds for her reelection campaign.

Weapons charges had been filed against the McCloskeys in June 2020 after they armed themselves and confronted Black Lives Matter protesters who stormed through their gated neighborhood.

In 2022, Gardner avoided removal from office after admitting she mistakenly failed to provide all records to defense lawyers in the 2018 criminal case against Eric Greitens, a Republican who was then governor of Missouri. He resigned amid a sex scandal.

The Associated Press contributed to this story.