A husband and wife caught on video brandishing firearms at Black Lives Matter protesters outside their home in St. Louis were charged with a felony Monday.
Mark and Patricia McCloskey were charged with the crime of illegal use of a weapon by St. Louis Circuit Attorney Kimberly Gardner, according to a statement and documents from their office. The couple lost their weapons to police earlier this month after a court order was issued.
The decision to press charges came after an investigation into the June 28 clash by St. Louis police, Gardner said in a statement Monday.
“It is illegal to wave weapons in a threatening manner against those who participate in non-violent protests, and while we are fortunate that this situation has not become a deadly force, this type of conduct is unacceptable in St. Louis,” said Gardner.
Her office said she is willing to recommend a fun program for the couple, a settlement that avoids a court trial, and a conviction record that is often offered to first-time offenders of certain non-violent crimes.
“I think this would serve as a fair resolution to this matter,” Gardner said in his statement. “We must protect the right to protest peacefully, and any attempt to cool it down by intimidation will not be tolerated.”
Attorney Joel Schwartz, who is defending the couple, said in a statement to NBC News on Monday that he feels “unequivocally” that no crime was committed.
“I, along with my clients, support the First Amendment right of every citizen to have their voice and opinion heard,” Schwartz said in his statement. “However, this right must be balanced with the Second Amendment and Missouri law, which empowers each of us to protect our home and family from possible threats.”
Protesters entered the thriving West Louis neighborhood of the West Central End through a door that opened to Portland Place, according to Monday’s criminal complaint. The protesters were confronted by the McCloskeys, who stood on their property with a semi-automatic rifle and pistol.
A statement released on behalf of the couple after video of the incident circulated on social media said the McCloskeys were “afraid of impending harm.”
Police have said the McCloskeys told officers during an interview that protesters were shouting obscenities and threats of harm when they stormed the neighborhood.
Daniel Shular, a freelance photojournalist who was at the protest, questioned the account. Schular said he saw no one break into the neighborhood and recalled seeing the protesters simply walking through an open door.
“I turned around to take some photos of people coming through the door, then I turned around and by then he had his long gun in his hand,” Shular told NBC News at the time. “And the woman came out with a gun and started pointing her finger at the trigger on everyone.”
Missouri Attorney General Eric Schmitt filed a brief Monday to dismiss charges against the couple based on the Castle Doctrine law, according to a statement from his office. The report states that citizens have the right to use firearms “to defend the person, the family, the home and property” and the law authorizes them to use firearms to deter aggressors.
“This gives wide-ranging rights to the people of Missouri who protect their property and lives from those who wish to harm them,” Schmitt said in a press release. “Despite this, circuit prosecutor Gardner filed charges against the McCloskeys, who, according to published reports, defended his property and safety.”
Missouri Governor Mike Parson said in an interview with “Marc Cox Morning Show” on 97.1 FM on Saturday that he would consider a pardon for the couple if they were convicted of a crime for the incident.
Parson told interviewers that the couple had a right to protect themselves and that Gardner was making the situation “more political” with possible charges. When asked if he could forgive the couple after a conviction, Parson said he hoped he would.
“Right now, that’s how I feel,” Parson said. “It is not known until all the facts and all that are heard, but right now, if it is about persecuting them because they did a legal act, then yes. If that scenario held, then I don’t think they’ll be spending any time in jail. “
