State of MO vs. Gardner: Petition in Quo Warranto
State of MO vs. Gardner: Petition in Quo Warranto
LOUIS
STATE OF MISSOURI
and belief, states the following in support of the petition for writ of quo warranto
Introduction
downtown St. Louis on Saturday, February 18. Ms. Edmonson, who was in town
for a volleyball tournament, had just verbally committed to play sports for a
college in Tennessee. As Ms. Edmonson and her family walked down the
sidewalk, a speeding car driven by Daniel Riley crashed into another car and
struck Ms. Edmonson, severing one of her legs and maiming the other. Her
father, thanks to his quick thinking and military service, applied two belts as
tourniquets as he watched the life drain from her face. Thankfully, Ms.
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Daniel Riley never should have been driving that car. In 2020, the St.
Louis Circuit Attorney’s Office charged Riley with First Degree Robbery and
Armed Criminal Action for stealing a firearm from Victim at gunpoint. The
Circuit Attorney dismissed and refiled that case on July 18, 2022, but not before
with the pre-trial bond conditions. After the Circuit Attorney refiled the case,
Riley earned 50 more violations. The Circuit Attorney never filed a motion to
Ms. Edmonson’s injuries are the direct result of years of willful neglect
Respondent is morally, ethically, and legally responsible for the conduct of her
office. For years, the Circuit Attorney’s Office has failed to prosecute cases to
resolution, has failed to inform and confer with victims, and has failed to even
review and file cases submitted by the St. Louis Metropolitan Police
1 The facts in this section are taken from the following news articles: Chris
Hayes, et al., “Emotional plea from parents of teen athlete struck by reckless
driver,” Fox 2 Now, available at https://fox2now.com/news/missouri/emotional-
plea-from-parents-of-teen-athlete-struck-by-reckless-driver/; Kelsi Anderson, et
al., “Parents of volleyball player who lost legs in crash speak at suspect’s
detention hearing,” KSDK, available at
https://www.ksdk.com/article/news/local/suspect-crash-volleyball-player-denied-
bond-reduction/63-b7d41d82-2850-4a78-802e-54764c024a7c.
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order, enforce the laws, and protect the public, the Attorney General brings this
Parties
prosecutes this cause for and on behalf of the State of Missouri and its
Louis, Missouri, and has held that office continuously since January 1,
2017, with her present term commencing on January 1, 2021. The position
that “in case any person shall . . . unlawfully hold or execute any office . . .
the attorney general of the state . . . shall exhibit to the circuit court, or
which provides that “the attorney general of this state, upon personal
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6. This Court has jurisdiction over this matter under § 531.010 and Article
7. Respondent has been the elected Circuit Attorney in the City of St. Louis
See § 56.020.
8. The office of Circuit Attorney of the City of St. Louis is an elective office of
(emphasis added).
[herself] in office.”
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11. By virtue of § 56.450, Respondent, as Circuit Attorney of the City of St.
Louis, must “manage and conduct all criminal cases” in the City of St.
Louis.
Louis, must “hear complaints in felony and misdemeanor cases and . . . file
information in such cases with the clerk of the circuit court of the city of
13. By virtue of § 56.470, after the St. Louis police arrest any person for a
felony or misdemeanor, and after the St. Louis police report that person’s
name and any prosecuting and material witnesses to the Circuit Attorney
of the City of St. Louis, the circuit attorney must “proceed to institute such
prosecution.”
Louis, must “institute and prosecute all criminal actions in the circuit
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victims “of the filing of charges, preliminary hearing dates, trial dates,
involving dangerous felonies and other specified offenses, confer with and
inform victims “regarding bail hearings, guilty pleas, pleas under chapter
neglect” of her official duties and Respondent has knowingly and willfully
failed to perform her duties which by law it is her duty to “perform with
§ 106.220.
Attorney of the City of St. Louis, must supervise the employees of her
19. During Respondent’s present term as Circuit Attorney of the City of St.
Louis, Respondent has forfeited her office for willful neglect of official
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i. Respondent and her office willfully neglected to timely move
595.209.
exodus of employees.
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vi. Respondent has a backlog of at least 3,000 cases that she has
crimes.
Allegations
Count I
Respondent’s Failure to Prosecute Criminal Cases
herein.
result, Riley was not in custody on February 18, 2023, when he drove his
car into Ms. Edmonson, resulting in the loss of both of her legs.
Degree Robbery and Armed Criminal Action for stealing a firearm from
February 18, 2023, Riley earned at least 94 bond violations for his
charges against Riley because the State “was not ready to proceed.” (Ex. 2
Order). The victim’s father reported that the State was not ready because
the Assistant Circuit Attorney had just returned from her honeymoon.
Christine Byers, “‘St. Louis has let you down’: Father of robbery victim
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reacts to volleyball player’s injuries after repeat bond violations go
investigations/father-robbery-victim-reacts-volleyball-players-injuries/63-
b9e0a621-5990-47a1-8d58-be7199abab3d
crime.
bond violations.
25. Since February 18, 2023, Respondent has issued statements to the public
that conflict with the facts. First, Respondent stated that the robbery
victim had died and that is why the case was dismissed and refiled. Id.
But, members of the news media interviewed the robbery victim’s father,
and the robbery victim is alive. Id. Second, Respondent issued a statement
on February 22, 2023, saying “On December 12, 2021, prosecutors asked
such request, and moreover, December 12, 2021, was a Sunday. Third,
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10, 2022, Mr. Riley was again released on personal recognizance and GPS,
against the state’s wishes.” Id. However, the Court order that day
set forth below.” (Ex. 10) (emphasis added). The order is signed by counsel
charge of First Degree Murder, were dismissed on July 14, 2021, after the
court found that Respondent’s office had “essentially abandoned its duty to
29. Upon information and belief, there are more than 200 case of First Degree
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pending. Upon information and belief, one attorney, who has had three
health related incidents during trials, including one on February 14, 2023,
there are 163 homicide cases assigned to five attorneys. Upon information
and belief, the Presiding Judge of the Circuit Court of St. Louis City has
wants to know what’s next for dozens of cases following St. Louis
https://www.ksdk.com/article/news/politics/st-louis-prosecutor-collapses-
and belief, the Presiding Judge has not yet received a response.
30. Upon information and belief, due to Respondent’s willful neglect of her
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95 felony appeals. In 2020, Respondent’s office generated 81 felony
31. It is Respondent’s duty to manage and prosecute all felony cases in the
neglect” of her official duties and Respondent has knowingly and willfully
forfeited her office and is a usurper who must be removed from office.
Count II
Respondent’s Failure to Inform and Confer with Victims
herein.
murder in the first degree (among other offenses), Respondent must timely
inform victims “of the filing of charges, preliminary hearing dates, trial
Respondent must also confer with and inform victims “regarding bail
hearings, guilty pleas, pleas under chapter 552 or its successors, hearings,
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sentencing and probation revocation hearings and the right to be heard at
35. “The term ‘victim’ also includes the family members of . . . a homicide
victim.” § 595.200(7). “The rights of the victims granted in this section are
absolute and the policy of this state is that the victim's rights are
36. After the court dismissed the charges in State of Missouri v. Brandon
the first degree—the family members of Randy Moore, the murder victim,
dismisses-murder-charges-blames-no-show-prosecutor-kim-gardners-
“heard anything about the case from anyone other than homicide
detectives.”
the Respondent charged Mr. Johnson with the dangerous felony of murder
in the second degree, alleging that Mr. Johnson “with the purpose of
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mother, Dr. Shirley Washington-Cobb, had been in contact with the
Washington-Cobb only found out about the plea agreement when she
called the Circuit Attorney’s office to inquire about trial, which had
previously been scheduled before the plea agreement was negotiated (Exs.
6–7). Dr. Washington-Cobb expressed her anger to the media on July 21,
2021, just a few days after she found out about the plea agreement.
Christine Byers, “Grieving mother furious with St. Louis prosecutors for
investigations/grieving-mother-furious-st-louis-striking-deal-sons-killer-
kim-gardner-city-attorney/63-07c6f941-0f06-4e11-a3ac-7a33a78ae324.
Five days later, on July 26, 2012, the defendant pleaded guilty to the
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hearings in the case and the final disposition of the case. By failing to tell
the victim’s family members “anything about the case,” and by failing to
tell them that the case had been dismissed, Respondent willfully neglected
of her official duties and she has knowingly and willfully failed to perform
with the victim’s mother and inform her of the negotiated plea agreement,
duties, and she has willfully neglected to perform her duties “with respect
Count III
Respondent’s Refusing to Exercise her Judgment to Determine
Whether there is Evidence Sufficient to Justify a Prosecution
herein.
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41. When a St. Louis City police officer arrests any person for a felony or
misdemeanor, and after the police report that person’s name and any
St. Louis, the circuit attorney must “proceed to institute such prosecution
42. The St. Louis Metropolitan Police Department has alleged that police have
for her review, but that Respondent has willfully neglected her official
https://www.ksdk.com/article/news/local/byers-beat-inside-look-thousands-
of-cases-going-nowhere-st-louis/63-e86e5af1-b9c4-48fe-afde-2e5eaa7b5030.
43. Respondent’s office has admitted that there are at least 3,000 cases that
have been submitted by the St. Louis Metropolitan Police Department that
had been pending for more than a year, some of which may be violent. For
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in their home by a woman who was attempting to break in. Christine
Byers, “Woman arrested after video showed her harassing family,” KSDK,
https://www.ksdk.com/article/news/crime/woman-arrested-video-showed-
harassing-south-st-louis-family/63-c0709249-0f03-4c1b-9248-
case until the victims gained notoriety on TikTok by posing video footage
45. Upon information and belief, Respondent’s willful neglect of her official
22nd Judicial Circuit. Upon information and belief, the Circuit Attorney’s
Office filed 9,129 total cases in 2013, 3,334 of which were felonies. Upon
information and belief, the Circuit Attorney’s office filed 3,123 total cases
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Relief Sought
48. The Attorney General files this petition upon personal information. Rule
98.04 provides that this Court “shall issue a preliminary order in quo
49. So, the Attorney General requests that this Court issue a preliminary
50. The Attorney General further requests that the Court, after a hearing,
Conclusion
warranto against Respondent removing her from office, for all taxable court
costs, and for such other relief as this Court deems just and proper.
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Respectfully submitted,
ANDREW BAILEY
Attorney General
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was
emailed to the following individuals on February 23, 2022:
Kimberly M. Gardner
[email protected]
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