The Missouri attorney general was enraged last night over the “impeachment” of the St. Louis couple facing charges of brandishing weapons at Black Lives Matter protesters outside their home.
Republican Eric Schmitt said Mark and Patricia McCloskey were victims of a “corrupt prosecutor” who was attacking them for “exercising their fundamental rights under the Second Amendment.”
The McCloskeys say they were defending themselves from an invading “mob”, but Democratic County Attorney Kimberly Gardner says the June 28 protests were “nonviolent” and that “waving weapons in a threatening manner” was illegal.
Schmitt has filed a motion to dismiss the case, arguing that the couple’s behavior is “explicitly protected” by the Constitution and Missouri law.
The McCloskeys claim they were defending themselves from a ‘mafia’ during the Black Lives Matter protests on June 28, but have been charged with the crime of illegal use of a weapon
Missouri Attorney General Eric Schmitt (pictured) was enraged last night by the “impeachment” of Mark and Patricia McCloskey
Speaking to Fox News host Shannon Bream last night, Schmitt said: “ The truth of the matter is this is nothing more than a political prosecution brought by St. Louis Prosecutor Kim Gardner.
‘The right to legitimate defense is deeply rooted in our Constitution, it is a fundamental right, in reality it predates our Constitution.
“ At a time when there are calls to remove the police, at a time when violent crime rates are soaring, even here in Missouri and in St. Louis, we have a prosecutor who is now attacking people for exercising their rights. fundamental under the Second Amendment.
‘Enough is enough. The law is very clear, it is time for the head of the state police to intervene. We are entering the case and we are seeking that this be dismissed.
“Not just for the McCloskeys, but for all Missouri residents whose rights are threatened by a dishonest prosecutor who seeks to punish people for exercising their fundamental rights of self-defense.”
When asked why the incident had become so “divisive,” Schmitt said, “My focus is on the law, and the law in Missouri is very clear.”
He cited allegations that protesters yelled that they were going to kill them, kill their dog, burn down their home “during the confrontation with the McCloskeys, both personal injury attorneys.
Under Missouri law, you have the right to defend your castle, your home, and your family’s life. It really isn’t close here, ” Schmitt said.
“This is a politically motivated prosecution by a prosecutor who is not interested in prosecuting violent crimes. [and] It has an abysmal record.
“The situation is out of control and this prosecutor is spending valuable resources to prosecute people who were exercising a fundamental right.”
Mark McCloskey (pictured on Fox News Monday night) accused St. Louis Circuit Prosecutor Kim Gardner of siding with the “criminals” after he and his wife were charged with the crime of illegal use of a weapon to display weapons during a protest of racial injustice on June 28
Images of the white couple’s dispute with protesters were widely shared around the world last month amid global protests after George Floyd’s death.
McCloskey, 63, was carrying an assault rifle, and his wife, 61, was waving a gun as protesters marched down a private street toward the mayor’s residence. No shots were fired.
Later, a McCloskeys attorney said they supported the Black Lives Matter message and did not want to become heroes for those who oppose the cause.
Felony charges for the illegal use of a weapon were announced last night, which could theoretically carry a four-year prison sentence, though Gardner said she was willing to recommend a “diversion program.”
“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,” he said.
The decision to press charges was made after a thorough investigation with the San Luis Metropolitan Police Department.
‘I am open to recommending that McCloskeys participate in one of my office diversion programs designed to reduce unnecessary court participation. I think this would serve as a fair solution to this matter.
“We must protect the right to protest peacefully, and any attempt to cool it down by intimidation will not be tolerated.”
Mark and Patricia McCloskey, who live in the Forest Park area of St. Louis, brandished their firearms at protesters marching past their mansion in their gated community
Mark and Patricia McCloskey (pictured) have claimed that protesters, marching in response to the Black Lives Matter movement, were trespassing on private property.
The prosecutor’s move was dubbed “outrageous” by Missouri Governor Mike Parson in a tweet he wrote Monday.
Appearing in Tucker Carlson tonight after the announcement, McCloskey said the protesters had been “invading” but that none of them had been charged.
“The circuit attorney has apparently decided that his job as a prosecutor is not to keep us safe from criminals but to help keep criminals safe from us,” he said.
An attorney for the couple, Joel Schwartz, said the decision to charge the couple was “discouraging, since I unequivocally believe that no crime was committed.”
Missouri Governor Mike Parson, a Republican, said on a radio show last week that he would probably forgive the McCloskeys if they were charged.
Donald Trump also defended the couple, and Parson says he spoke to the president about the case last week.
Senator Josh Hawley, also a Republican, urged Attorney General William Barr to launch an investigation into Ms. Gardner’s civil rights.
However, prosecutor Gardner says Trump, Parson, and others were attacking her to distract her from “their failed approach to the Covid-19 pandemic” and other issues.
The McCloskeys’ home was initially incidental to the June 28 demonstration.
Several hundred people were marching to the home of Democratic Mayor Lyda Krewson, who had angered activists by reading on Facebook Live the names and addresses of some who had called the police.
A police report said the couple heard a loud commotion and saw a large group of people break through an iron door marked with the signs “No Trespassing” and “Private Street.”
However, a protest leader said the door was open and that the protesters did not damage it.
McCloskey confronted protesters with a semi-automatic and pointed the gun at them, according to a statement from police officer Curtis Burgdorf.
The statement said Ms. McCloskey then emerged with a semi-automatic pistol, yelling at protesters to leave and pointing the gun at them.
Protesters feared “being injured because Patricia McCloskey’s finger was on the trigger, along with her excited behavior,” the statement said.
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