The cul-de-sac commando couple, Mark and Patricia McCloskey, may have had the state attorney general, Eric Schmitt, intervene and file a brief calling for the brandishing charges to be dismissed, but a grand jury came back and indicted the couple on the weapons charges, along with evidence tampering. The indictment was not a shock to the couple’s attorney who says not all the facts were presented (via KMOV4):
A grand jury indicted Mark and Patricia McCloskey Tuesday on charges of exhibiting guns at protesters in a June incident in their neighborhood and added a charge of tampering with evidence for both members of the couple.
The McCloskeys made national news when they pointed guns at protesters from the lawn of their home on Portland Place on June 28. A search warrant was served Friday night.
Their attorney, Joel Schwartz, said he wasn’t surprised by the indictment, saying the grand jury didn’t have all the facts.
“Once all the facts are out, it will be clear the McCloskeys committed no crime whatsoever,” Schwartz said. “Frankly because the grand jury is not an adversarial process and defense counsel are not allowed in there and I have no idea what was stated to the grand jury and what law was given to the grand jury.”
Associated Press has more:
A St. Louis couple who displayed guns while racial injustice protesters marched on their private street have been charged with felony unlawful use of a weapon. Mark and Patricia McCloskey have argued they were exercising their right to bear arms. https://t.co/gKUBtIceKQ
— The Associated Press (@AP) October 6, 2020
A spokeswoman for Circuit Attorney Kim Gardner declined comment.
The McCloskeys, who are both attorneys, have become folk heroes among some conservatives. They argue that they were simply exercising their Second Amendment right to bear arms, and were protected by Missouri’s castle doctrine law that allows the use of deadly force against intruders. The case has caught the attention of President Donald Trump, and Republican Missouri Gov. Mike Parson has said he will pardon the couple if they are convicted.
The McCloskeys also were featured speakers on the first night of the Republican National Convention. They’ve accused the “leftist” Democratic St. Louis leadership for their plight.
Gardner, a Democrat, charged the couple with felony unlawful use of a weapon. She said the display of guns risked bloodshed at what she called an otherwise peaceful protest.
During that incident in June, the McCloskeys stormed out of their home when leftist thugs trespassed on their property. The gate was broken down. Yes, their handling of their weapons was pretty bad, but it doesn’t negate the fact that they acted lawfully and are being targeted by a politically motivated legal action by Ms. Gardner. The McCloskeys reaction was not 'overkill.' Did you see what the Left did to our cities this summer? Over $1 billion in damages from their 100+ days of rioting, the most destructive in American history.
“They were just peacefully walking past” pic.twitter.com/A3Z1QoYzrO
— Dana Loesch (@DLoesch) June 29, 2020
Here is the video showing them knowingly entering the gated property. https://t.co/j5NAr2pokh https://t.co/lSa9OBv2We
— (((AG))) (@AGHamilton29) June 29, 2020
Sadly, they’re not out of the legal woods yet. We’ll keep you posted.
(H/T Cam Edwards)