McCloskeys indicted on gun charges stemming from standoff at St Louis mansion

| October 7, 2020

We updated you on developments in this story last week when all the trespassers had their charges dismissed. No longer having to prosecute those nine cases has freed up the Democrat St Louis Circuit Attorney’s office to prosecute the real criminals, the couple who used scary guns to defend their property from a trespassing mob.

Mark and Patricia McCloskey were indicted Tuesday on charges of unlawful use of a weapon and tampering with evidence, according to their attorney Al Watkins.

The couple contends that protesters broke through an iron gate, ignored a “No Trespassing” sign, and screamed threats of arson and rape at them, while protest leaders say that the march was peaceful and no threats were made.

Watkins accused the prosecutors of tampering with the pistol by assembling it in a way that it could be fired.

“This is b——t,” Watkins told Fox News. “Hate to say it, but the state has a lot of problems with this one. And they transcend not just the evidence, but they actually are remarkably problematic from the standpoint of prosecutorial misconduct.”

The couple appeared in court earlier Tuesday, where a judge announced the case was continued to next Wednesday because the grand jury hadn’t reached a decision yet. After that hearing, Mark McCloskey said outside the courthouse that he and his wife are being “persecuted” and expressed frustration that none of the protesters involved in the incident have been charged.

“Every single human being that was in front of my house was a criminal trespasser. They broke down our gate. They trespassed on our property. Not a single one of those people is now charged with anything. We’re charged with felonies that could cost us four years of our lives and our law licenses,” he said.

Thanks to the KoB for the story tip.

Source; Fox News

Category: "The Floggings Will Continue Until Morale Improves", "Your Tax Dollars At Work", BLM, Democrats, Government Incompetence, Guest Link, Gun Grabbing Fascists, Guns, Second Amendment, SJW Idiocy

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Skippy

I’m confused here I thought the Missouri AG
Stepped in and told the St. Louis DA to pound sand
Now they are indicted again ????

OWB

This could get more than a little bit interesting, It has all the makings of charges of prosecutorial misconduct, among other things.

Well, it’s already interesting. Could become fodder for future law school courses.

Give the street thugs a pass but prosecute the victims/lawyers. Quite a concept.

SFC D

And exactly what kind of DA thinks this is ok? If this were a rape case, this would be called “victim blaming”. Missouri, you’re the “show me” state. Show me some common sense and show this DA the door.

MI Ranger

One might say a Prosecutor with ambition! She has an agenda https://www.nytimes.com/2019/06/14/us/st-louis-prosecutor-kim-gardner.html and it would appear to be she is tough on conservatives and wants to re-write the Constitution. If Kamila Harris becomes President (when Creepy Joe dies of “natural causes” after being elected), I would expect her to be pulled up to be AG. She will form the US Gestapo, and start seizing guns, and prosecuting anyone stupid enough to defend themselves!
Yes, the Missouri AG and the Governor have already said they will step in if she goes forward, but that will just add fuel to her fire. What needs to happen is she goes forward, the McKloskey’s get acquitted, and then they sue her for infringing on their Constitutional rights (but I am not a lawyer, nor do I practice Constitutional Law in Missouri).

Anonymous

She’s virtuous Leftist hassling evil RethugliKKKans for “social justice,” that’s what kind. That the law applies equally to people she likes those she doesn’t is “hurtful” and make her feel traumatized, you know. Boo hoo.

Ex-PH2

Well, they’re stinking rich, aren’t they? They can “buy” their way out of this, right? /sarc/

When did we move into Hell? What was that date, again? I’ve forgotten. Was it when I was taking a nap, or something.

Ex-PH2

I believe that judge is stepping on her own stick. Missouri does have a law that allows people to protect their property and themselves.

https://statelaws.findlaw.com/missouri-law/missouri-self-defense-laws.html

If a person is under attack and in fear for their life, they have the right to use force to protect themselves. Every state has self-defense laws that detail the circumstances under which an individual can use self-defense (and the limits of the force that may be used) to justify their conduct without being convicted of a crime.

About half of the states have some version of “stand your ground” laws. These laws don’t require people to back down from an attacker even when withdrawal is possible. A common variation on this concept is the “castle doctrine” which allows individuals to defend themselves against threats in and to their homes (expanded in some states to include cars and/or workplaces) without the duty to retreat.

Missouri Castle Doctrine
Missouri recognizes the “castle doctrine” and allows residents to use force against intruders, without the duty to retreat, based on the notion that your home is your “castle.” This legal doctrine assumes that if an invader disrupts the sanctity of your home, they intend to do you harm and therefore you should be able to repel their advances.

Missouri’s law is more extensive than the law in other states because it permits property owners to use the amount of force reasonably perceived as necessary, including deadly force.

However, case law suggests it does not go so far as permitting the use of deadly force to merely protect property. In 2016, the Missouri Court of Appeals for the Eastern District held in State v. Whipple that deadly force under the castle doctrine can only be used when you reasonably believe such force is necessary to protect yourself or someone else from “the use or imminent use of unlawful force.” – article

This will go further, so don’t get all angst-ridden over it.

The Other Whitey

One of the people threatening them is now the dem nominee for St Louis’s House seat.

Ex-PH2

I know, but you do have to be careful what you wish for, TOW. Everything has consequences.

In Missouri, you can shoot someone when you are IN you car and being “attacked” but you can’t shoot someone who steals your car and drives off with it. The smart thing to do, obviously, is put a bullet hole in the gas tank.

USMC Steve

There were audible threats to kill them, burn the house down, and eat the dog and such. There is no cause of legitimate action against them.

I suspect they will really fuck the black racist soros goonette over with a bunch of law suits when this is all over.

David

Democrat DA who has shown an appalling lack of common sense for years.

I wonder about the pistol; they claim it was inoperable till the cops took it apart and put it back together to work. How do you assemble a PPK wrong? Pretty hard to do.

MI Ranger

Likely the firing pin was removed, but provided as evidence when they provided it to their attorney. The Prosecutors Office then disassembled it and put the firing pin back in. Walahh, now it is a threat!

The Other Whitey

So they tampered with evidence on the DA’s orders? Well, that bitch keeps demonstrating that she thinks she has a get-out-of-jail-free card for prosecutorial misconduct.

gitarcarver

The firing pin was placed behind a spring rendering the gun inoperable as opposed to the pin being in front of the spring.

The DA seems to be asserting that the gun was made inoperable after the incident where the gun was displayed as opposed to prior to a court case as the McCloskey’s claim.

If there is anyone who “tampered with evidence, it is the crime lab technicians who disassembled the weapon and reassembled it so it was operable as per instructions from the DA.

They literally changed the state of the weapon to make it fit the alleged crime.

If they DA wants to make the case that the gun was made inoperable after the event on the McCloskey’s lawn, she is free to do that. Whether to believe her is something for the jury to decide.

The good news is that there is documentation as to the reassembly of the gun and I don’t think a judge or jury is going to take kindly to that. It casts a shadow over the other charges as the jury will now see the prosecution’s case as coming from someone who broke the law to begin with.

Anonymous

Someone tell that Leftist DA in ‘Merica she must conclusive prove stuff (you know, like with actual evidence) and not just insinuate from a position of authority because here the state has the burden of proof.

Fyrfighter

If they weren’t leftists that are ok with this sort of treatment for others, I’d have sympathy for them, but since the only reason they’re upset is because this shit is being applied to them..

So screw them, and they lying prosecutors.

5th/77th FA

Comment count gone WAAAAAAYY UP since I FIRST (ht 2 R-D) yesterday late. And yep, buried in the 8K+ comments is “Trump’s Fault!”

The Guv had said if prosecuted, he would pardon the couple. Well, we’ll see how that works out. Imma not holding my breath. Look at the politics that played into the Omaha Veteran’s suicide. And other cases around the country, where the “mostly peaceful protesters” are given free rein to Burn Loot and Murder, but someone defending themselves, or the public as a whole is not just prosecuted but also persecuted. Time to pick up a whip, start turning over tables, chasing people, and breaking THEIR stuff in general. Not saying the couple handled this the best way, but Imma not them and I wasn’t there.

What we are seeing today is the culmination of Saul Alinskys’ Rules for Radicals and the deep state domestic enemies of our Republic reaping the fruits of their decades of preparations.

Better to be judged by 12 than carried by 6. But, now-a-days, who trusts any prosecutor and/or jury pool? Be Aware…Be Very Aware!

https://bolenreport.com/saul-alinskys-12-rules-radicals/

I gots to go back into the Injun Country of the Big City in a bit bit to check on things at FOB Elizabeth. I’ll be packing, have a armed driver, but wish me luck. Teh stoopid is strong up there. And DAMN IT, Imma gonna miss Gunsmoke!

11B-Mailclerk

My understanding is that accepting a pardon is legally an admission of guilt.

They did nothing illegal.

They are persecuted for resisting the Democrats’ Nu Marx Klan mob, just like folks were prosecuted for resisting the Democrats’ prior Ku Klux Klan mobs.

nobunny

The Guv is up for re-election. So, he can promise all he wants…

I agree KoB – believe it when I see it.

They stated today they are suing for civil rights violations.

Harry

I think this indictment is bullshit – but it’s obvious this guy never heard of the “low ready” position. In that stance I say he had to have swept somebody.

Commissar

A lot of surprised faces on this thread today.

If you were not so hermetically sealed in the right wing echo chamber you would not be surprised at this.

They brandished weapons and pointed them at unarmed protestors. As the line walked past their house they proceeded to continue to point their weapons at protestors after protestors for several minutes.

Their lives were not in danger.

They also made several public statements that made it clear their reasoning was not simply based on feeling threatened.

These charges were completely expected.

I pulled a gun on someone in California, in Oakland, a liberal bastion. Police were called. I faced no charges because I was not an idiot. I used my weapon to defend myself and did not use it to threaten or intimidate.

The problem is not they they pulled their weapons. The problem is their was literally no reason for them to run out onto their lawns brandishing their weapons and continue to point them at clearly non violent protestors strolling past their property.

The fact that it was a gated community is not sufficient justification. The damage to the gate is also not sufficient justification.

Animal

” I used my weapon to defend myself and did not use it to threaten or intimidate.”

If you didn’t use deadly force then you did use it to threaten and intimidate whoever you pulled it on to negate the immediate threat of death or SBI to yourself or an innocent third party.

Skippy

So the protesters threatening to kill them was no reason for protecting there property
Isn’t it odd also that the protesters were trespassing on private property???
But the DA has found it in her hart not to charge anyone with that ???

SFC D

So in your “legal opinion”, probably based on your experience as a LEO, the McCloskeys faced no threat even though;

A. “Protestors” broke through the locked gate to their subdivision.

B. As the “protestors” walked through the destroyed gate, the willfully ignored the posted private property / no trespassing signs.

C. As the “protestors’ marched past the McCloskey home, they shouted threats of death, forcible rape, arson, and taking their home by force.

This is not a peaceful protest. This is an invasion by a lawless mob. I’m certain you would’ve invited them in for tea and crumpets, followed by a discussion of the virtues of Marxism. And you are, were, and shall always remain a fraud.

Commissar

There is extensive video evidence from multiple cameras of the incident.

The video and audio does not support the McCloskey narrative fo what happened.

Again, the right wing echo chamber has your perception of their actions
Skewed toward the most favorable narrative for them.

Fyrfighter

Would that be the video that shows rioters err, “peaceful protestors” carrying AR’s and pointing them at the couple? Or do you ignore that particular video??

SFC D

No, my perception is people breaking and entering private property. I don’t necessarily agree with the idea that the McCloskey’s “brandishing weapons” in front of their house was a good thing. Far better to remain armed and behind cover. However, they have the right to defend their property and did. Educate me on how you’d handle a crowd of trespassers on your property. Or, the party’s property in your case.

Fyrfighter

Ooh, for sure, not at all recommending that they behave as they did, but in many cases, including this one, stupid is not illegal…

Commie-Tsar

It’s a knows Larsfact!!! He has the empiric data to confirm that!!!

A Proud Infidel®™️

Major Moonbat, you have a cranial cavity more full of shit than a “port-a-poop” at a concert festival!

RetiredDevilDoc8404

Lars, just what part of the fact that these people were acting in defense of THEIR lives and property in a gated community duly marked with No Trespassing signs. The “victims” weren’t there for a prayer vigil and there’s evidence that they also didn’t exactly conduct themselves with decorum while trespassing. The clown pushing this is trying to score points, kind of like the douchebag who tried the Duke Lacrosse Team. Remember that, Lars or was that not on your radar because the actual victim weren’t your kind? I can help you with that affliction of yours, grab your ears and pull really hard until you hear a loud popping sound and see a bright light – that will be your head coming out of your rectal cavity for the first time.

Sapper3307

Hey ,, his mom’s let him out!

Sapper3307

They killed John Wicks dog.
The end

A Proud Infidel®™

Major Moonbat, if being a SHITHEAD was a Martial Art, you would be AT LEAST a Seventh Degree Black Belt!