(Hank Berrien) On Monday, following the news that St. Louis Circuit Attorney Kim Gardner, the city’s top prosecutor, announced that Mark and Patricia McCloskey, the couple who pointed guns at a crowd in front of their home, would be charged with felony unlawful use of a weapon, Missouri Attorney General Eric Schmitt filed a brief that would dismiss the charges. The brief stated that Schmitt “respectfully requests that the Court dismiss this case at the earlier possible opportunity.”
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by Hank Berrien, July 20th, 2020
“The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine, which provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm,” Schmitt told Fox News, adding, “Despite this, Circuit Attorney Gardner filed suit against the McCloskeys, who, according to published reports, were defending their property and safety. As Missouri’s Chief law enforcement officer, I won’t stand by while Missouri law is being ignored.”
Gardner had stated, “It is illegal to wave weapons in a threatening manner — that is unlawful in the city of St. Louis,” without mentioning Missouri’s “castle doctrine.” The couple’s attorney, Joel Schwartz, called Gardner’s decision “disheartening as I unequivocally believe no crime was committed.”
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Mark McCloskey, an attorney, recalled last month, “I went inside; I got a rifle … because as soon as I said ‘this is private property,’ those words enraged the crowd. … Horde, an absolute horde came through the smashed-down gates, coming right at the house. And then I stood out there, the only thing we said is, ‘This is private property, go back, private property, leave now.’ At that point, everybody got enraged, there were people wearing body armor.”
“One person pulled out [some] loaded pistol magazines and he clicked them together and he said, ‘You’re next,’” McCloskey continued. “We were threatened with our lives, threatened with the house being burned down, my office building being burned down, even our dog’s life being threatened. It was about as bad as it can get. You know, I really thought it was the storming of Bastille, that we would be dead and the house would be burned and there was nothing we could do about it. It was a huge and frightening crowd and they broke in the gate and they were coming at us.”
The Daily Wire noted, “Republicans have stood up for the McCloskeys as Sen. Josh Hawley (R-MO) sent a letter to United States Attorney General William Barr urging him to action against Gardner. Twelve Republican members of the House of Representatives sent a letter to Barr, in which they specifically named the McCloskeys, demanding that he take ‘decisive action’ to protect Americans from ‘mob rule.’ Missouri Republican Governor Mike Parsons signaled last week that he would likely pardon the McCloskeys if they were charged.”
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What happens if Kim Gardner decides to copy Judge Sullivan and ignore her superior to continue to prosecute ?