St. Louis couple facing felony unlawful use of weapon charges

| July 21, 2020


Mark and Patricia McCloskey

A St. Louis couple who waved guns at protesters outside their home last month were charged yesterday by Circuit Attorney Kim Gardner for felony unlawful use of a weapon.

According to The Associated Press, Gardner said that the McCloskey’s actions risked creating a violent situation during an otherwise nonviolent protest.

Patricia and Mark McCloskey face a single felony count each of unlawful use of a weapon. A widely viewed video shows Mark waving a rifle at protesters and Patricia waving a handgun.

Gardner said that the charges were made after thorough investigation of the incident. A charge for unlawful use of a weapon is a class E felony, which can carry a sentence of up to four years in prison and a fine of $10,000.

ST. LOUIS — St. Louis’ top prosecutor told The Associated Press on Monday that she is charging a husband and wife with felony unlawful use of a weapon for displaying guns during a racial injustice protest outside their mansion.

Circuit Attorney Kim Gardner announced the charges against Mark and Patricia McCloskey, who are both personal injury attorneys in their 60s. They also face a misdemeanor charge of fourth-degree assault.

Gardner said in an interview with the AP ahead of more broadly announcing the charges that the McCloskeys’ actions risked creating a violent situation during an otherwise nonviolent protest.

“It is illegal to wave weapons in a threatening manner — that is unlawful in the city of St. Louis,” Gardner said.

Gardner is recommending a diversion program such as community service rather than jail time if the McCloskeys are convicted. Typically, class E felonies could result in up to four years in prison.

Supporters of the McCloskeys said they were legally defending their $1.15 million home. Photos emerged as memes on both sides of the gun debate.

Several Republican leaders have condemned Gardner’s investigation, including President Donald Trump, Missouri Gov. Mike Parson and Sen. Josh Hawley, who has urged Attorney General William Barr to undertake a civil rights investigation of Gardner. Parson said in a radio interview Friday that he would likely pardon the couple if they were charged and convicted.

“Bransishing” a firearm in the PDRofMD is will earn one an assault charge; God help you if the firearm is a banned, evil high-powered assault weapon like an AR.
Pretty sure a 12 gauge pump is allowed, even encouraged. Read the entire article here: Fox 6 Now

Category: "Teh Stoopid", BLM, Gun Grabbing Fascists

35 Comments
Inline Feedbacks
View all comments
Sapper3307

“ReEEEEEEEEEEEEEEE!”
Kim Gardner

NHSparky

No idea why she even bothered.

This case is DOA.

Anonymous

But it’ll be a really painful show trial that’ll ruin their lives for five years– make those Little People think twice and obey, comrade!

MI Ranger

I am not too sure. These folks are both attorneys. They may relish going to court and making a show of how stupid the Circuit Attorney is and how she unlawfully abused their 2nd Amendment Rights. In fact I would expect many gun rights organizations to want to adjoin the suit in counter suing the CA.

There are also videos, showing many of the “peaceful protesters” with guns in their hands, and if I remember correctly one of them saying somethin about burning their house down, before someone said lets not get everyone shot by being stupid here!

11B-Mailclerk

Remember back in the Civil Rights era when local DAs would refuse to prosecute lynch mobs and Klan terrorism, and lock up their victims for being “uppity” ?

Federal enforcement of civil rights fixed much of that. Some folks went to prison -long- after their crimes.

But to prison they went.

That bozo DA could well be facing both civil and criminal prosecution for violations. I hope examples are made. Severe ones.

OldManchu

Walk outside and fire two blasts in the air…

https://youtu.be/F-mztxHgYQo

Sapper3307

Gorge Soros money, $60-$80K in her last election fund.

Anonymous

Nazi-collaborator gets his money’s worth.

26Limabeans

Try and find a Mossberg 12ga. All gone.
Try and find some 00 buckshot or 1 oz slugs. Gone.
Joe is a great salesman. Learned from Obama.

War’s a comin. Everybody arming up big time.

Anonymous

Democrats will fire on Fort Sumter again, watch.

11B-Mailclerk

Already happened. Trying to drive feds off the local federal courthouse.

These dweebs crossed the “Insurrection” threshold months ago.

Also, by being part of foreign organizations – “international” , they opened the hatch to the abyss, the one labeled “Unlawful Enemy Combatant”.

Oops. Tsk

Anonymous

They’ll like Gitmo w/ Al Qaeda.

USMC Steve

I live in Missouri. There is no such crime as “Brandishing”, particularly not when on one’s own property. Gardner’s assertion that they were “waving guns around” won’t hold water, particularly with all the video footage of the whole incident. The odd thing is that she probably had a case against that fool woman. She wandered around with her hand on her hip and aimed that purportedly non functional weapon at just about everyone there. That, absent a clear credible threat is Assault. What is clearly present here is Gardner and her malicious prosecution. That she is a fool as well as blatantly black racist is clear, but this is really something. Screwing around with two shark personal injury lawyers? Dumb. I foresee Federal civil rights criminal charges for Gardner, as well as massive civil suits. The McCloskeys are the new future owners of St. Louis.

I got no love for the lawyers, they are typical hypocritical liberal socialist dems, as well as shark lawyers, but one good thing may yet come of this. Gardner may well get seriously shit upon and maybe even get put in jail herself by the feds. Hope she gets put in general population.

USMC Steve

I made an error in the above statement. There is indeed such a thing as “Brandishing” in Missouri, however several other laws pretty much negate it under the Castle Doctrine and a couple of other sections of MO law. Add to that verbal threats from the trespassers, and a clear case for potential self defense becomes pretty clear.

5th/77th FA

“…made after thorough investigation…” Yeah, she looked at 10 seconds of phone video shot by one of the thugs that broke down a private gate, trespassed on private property, that muted the audio of all of the threats shouted out by said rioters.

Charge with assault? Naw! Being a dumbass? Now that charge would stick.

Y’all know that Soros put a boat load of $ in her election campaign funds?

SFC D

Bingo. It’s perfectly legal and lawful for them to defend their property from people who were already on PRIVATE PROPERTY illegally. Now… about their tactics and training…

docduracoat

Its pretty clear they have an excellent self defense claim.
A threatening crowd is a perfect example of “disparity of force” that allows a lethal force defense even to a empty hand assault.
(normally you cannot respond to punches with gunshots, except in cases of disparity of force)
Nice that the Governor has already offered a pardon.
Its already a win/win situation for them

Green Thumb

Two versus 300?

Good luck with that charge.

The Other Whitey

Missouri is a Castle Doctrine state. They were on their own property. They were being threatened by violent trespassers. They didn’t shoot anyone. Gardner needs to go down for malicious prosecution.

Anonymous

“Heheh, litlle people, so sue me!” she says.

11B-Mailclerk

Were any of the trespassers openly displaying/carrying firearms? Other weapons?

“Armed trespass” is not a simple “whoops”.

lmn0351

was wondering if they were covered under the stand your ground law????

USMC Steve

Everyone in Missouri is, no matter what Gardner thinks. Brandishing is largely a non event due to provisions in the Castle Doctrine law in Missouri, as well as a couple of other laws. It is basically impossible if you are on your own property.

Anonymous

Law? Law is no object for getting the enemies of “social justice,” comrade!

Ex-PH2

If Gardner is an attorney – and in her case, I’m using that word loosely – wouldn’t you think she’d know about “castle doctrine” and a few other items that can be included in that?

If she doesn’t know about it, or has conveniently forgotten, she’s not much of an attorney. I’d want to see HER credentials, and go from there. She seems an awful lot like a reactionary rather than an attorney.

Anonymous

She knows. She’s just going to make the “process” the punishment if she can’t get her way.

MSG Eric

She’s up for re-election. She’s using this trial to get more votes because she’s sticking it to “whitey”.

She’ll probably get re-elected too, though you’d hope she gets disbarred for this among other prosecutorial misconduct. She only charges people she “feels” like charging.

Skippy

I hope they sue that AG in St Louis

Ex-PH2

Gardner is a circuit attorney, not AG.

Jeff LPH 3, 63-66

I heard on WFTL 850 AM radio (a listening device that is turned on and off with little knobs run by AC/DC voltage or batteries) that the Gov is going to pardon the couple. Doc mentioned the same thing on his above comment so it looks Jake now.

11B-Mailclerk

Accepting a pardon is legally an admission of guilt, so I expect the offer will be refused.

USMC Steve

But it would be needed to ensure criminal prosecution for violation of their civil rights at the Federal level. The Missouri AG needs to shut up and wait til after the trial is over so the shark lawyers can royally fuck up Gardner’s life.

gitarcarver

The State AG is recommending the charges be dropped and has filed a legal brief in support of that recommendation:

https://www.ksdk.com/article/news/local/mccloskeys-charged-missouri-attorney-general-files-brief/63-6a1c4b9f-f3e7-433b-ab89-900eb91d4c94

Anonymous

Politically motivated prosecution by a Leftist DA, just like with the “white hispanic” George Zimmerman.

11B-Mailclerk

As mentioned elsewhere, Democrats used to ignore the depredations of lynch mobs and Klan terrorist bands, instead prosecuting the victims for being “uppity”. They were especially harsh if the victims fought back.

Sounds very familiar.

The fix was Federal prosecution of the corrupt locals via Civil Rights prosecutions and lawsuits.

About time someone dusted off that playbook and enforced the Constitution again.