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Old 07-21-2020, 07:44 AM
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Default St. Louis couple who waved guns at protesters face charges

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St. Louis couple who waved guns at protesters face charges

The Missouri couple seen in a viral video brandishing guns at protesters outside their mansion have been charged, the St. Louis circuit attorney said Monday.

Patricia and Mark McCloskey are charged with unlawful use of a weapon, a class E felony, according to the complaint.

"It is illegal to wave weapons in a threatening manner at those participating in nonviolent protest, and while we are fortunate this situation did not escalate into deadly force, this type of conduct is unacceptable in St. Louis," Circuit Attorney Kimberly Gardner said in a statement.

Missouri Attorney General Eric Schmitt swiftly filed a brief in the case to have it dismissed, according to a statement from his office, and Gov. Mike Parson called the charges "outrageous."

In videos obtained by CNN, the pair were seen brandishing weapons outside their St. Louis home as demonstrators walked outside the mansion in late June.

Schmitt cited the state's "Castle Doctrine" that gives Missourians "broad rights" in protecting property and lives in his move to dismiss the case.

"As Missouri's Chief law enforcement officer, I won't stand by while Missouri law is being ignored," Schmitt said. "That's why I entered this case to seek its dismissal, to protect the rights of Missourians to defend their property under Missouri's Castle Doctrine."

Parson, in a series of tweets, railed against the charges, saying Gardner's office "has admitted there is a backlog of cases and dozens of homicides that haven't been prosecuted, yet she has accelerated this case forward," read the tweet.
"We must prioritize laws that keep our citizens safe over political motivations," Parson tweeted. "Kim Gardner owes every single family who has had a loved one murdered an explanation on why she has acted on the McCloskey case instead of theirs."

The decision to issue charges was made after an investigation with the St. Louis Police Department, Gardner said.

"As I always do, I am reviewing all available facts and the law and will apply them equally, regardless of the people involved," she said last week on Twitter.

An attorney for the couple expressed disappointment at the charges Monday.
The charges "are disheartening as I unequivocally believe no crime was committed," Joel Schwartz said in a statement.

"I, along with my clients, support the First Amendment right of every citizen to have their voice and opinion heard," Schwartz said.

"This right, however, must be balanced with the Second Amendment and Missouri law, which entitle each of us to protect our home and family from potential threats," he added.

Mark McCloskey told CNN he was afraid of the "mob" that day.

"I was a person scared for my life, protecting my wife, my home, my hearth, my livelihood," McCloskey told CNN's Chris Cuomo soon after the incident. "I was a victim of a mob that came through the gate."

Missouri Gov. Mike Parson has said he doesn't think the couple should face charges.

"A mob does not have the right to charge your property or come on your property," Parson said at a news conference last week. "They had every right to protect themselves."

"I am open to recommending the McCloskey's participate in one of my office's diversion programs that are designed to reduce unnecessary involvement with the courts," Gardner said Monday. "I believe this would serve as a fair resolution to this matter."

Asked last week whether he would pardon the McCloskeys if they were convicted, Parson said, "By all means I would."

The case has caught the attention of President Trump, Parson said last week, adding he had spoken with the President about it.
https://www.cnn.com/2020/07/20/us/st...ges/index.html

If there was ever a case of prosecutorial misconduct, this is it. This prosecutor is going our of her way to prosecute this law abiding couple while allowing actual criminals to walk free by declining to prosecute them. She should be charged with abuse of power and civil rights violations as she is completely ignoring the actual law that allows this couple of defend themselves and at the same time ignoring the crimes committed by the "peaceful" protesters that illegally entered their property, destroying property and threatening the lives of this couple. She should be charged and if convicted, sentenced to the full extend of the law.
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Old 07-21-2020, 09:14 AM
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Default Re: St. Louis couple who waved guns at protesters face charges

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Originally Posted by GetAClue View Post
https://www.cnn.com/2020/07/20/us/st...ges/index.html

If there was ever a case of prosecutorial misconduct, this is it. This prosecutor is going our of her way to prosecute this law abiding couple while allowing actual criminals to walk free by declining to prosecute them. She should be charged with abuse of power and civil rights violations as she is completely ignoring the actual law that allows this couple of defend themselves and at the same time ignoring the crimes committed by the "peaceful" protesters that illegally entered their property, destroying property and threatening the lives of this couple. She should be charged and if convicted, sentenced to the full extend of the law.
I somewhat disagree with the logic of the couple's lawyer. The second amendment does not "balance the first". Whilst each of the ten Amendments is connected to the other, (none can stand alone) they in no way "balance" each other.

They simply enumerate what the government cannot do or legislate as a crime because the rights are in-alienable.

On a humous side note, the woman's gun was a toy, not real. The man was holding his but it was unloaded. Both legal but absolutely stupid acts. Never point a gun or employ a gun unless you are prepared to use it. This couple was not. As a result, the brandishing charge may, in fact, have legs.

That said, the property was private, including the street. The "demonstrators" tore down the gate making them trespassers who damaged private property. The constitution guarantees the right "of the people to peaceful assembly" I doubt the actions of the protestors meets that definition.

BTW, Our state AG has promised to curtail the actions of Kimberly Gardener, the CA prosecutor. The Governor has offered a pardon.
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Old 07-21-2020, 10:32 AM
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Default Re: St. Louis couple who waved guns at protesters face charges

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Originally Posted by FrancSevin View Post
I somewhat disagree with the logic of the couple's lawyer. The second amendment does not "balance the first". Whilst each of the ten Amendments is connected to the other, (none can stand alone) they in no way "balance" each other.

They simply enumerate what the government cannot do or legislate as a crime because the rights are in-alienable.

On a humous side note, the woman's gun was a toy, not real. The man was holding his but it was unloaded. Both legal but absolutely stupid acts. Never point a gun or employ a gun unless you are prepared to use it. This couple was not. As a result, the brandishing charge may, in fact, have legs.

That said, the property was private, including the street. The "demonstrators" tore down the gate making them trespassers who damaged private property. The constitution guarantees the right "of the people to peaceful assembly" I doubt the actions of the protestors meets that definition.

BTW, Our state AG has promised to curtail the actions of Kimberly Gardener, the CA prosecutor. The Governor has offered a pardon.
If the couple had just simply held their firearms or toys or whatever, the trespassing monkeys would still have accused them of threatening them. Anybody want to say differently?

The Second Amendment guarantees the government that people will attempt to solve problems the legal way. Yes, it is unalienable. If the anti-gunners attempt to disarm the people, all Hell will break loose. This is America, not China.
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Old 07-21-2020, 08:26 PM
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Default Re: St. Louis couple who waved guns at protesters face charges

A "nonviolent protest" does not give them the right to trespass, if this idiot prosecutor wants so badly to make a name for her self by going after the McCloskeys then she should also go after the protesters for their crimes. Otherwise drop it and walk away.
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Old 07-21-2020, 08:36 PM
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Default Re: St. Louis couple who waved guns at protesters face charges

The article in the OP summarizes quite well some very important points:

(1) Missouri's "Castle Doctrine" makes the defense of one's house entirely legal. (In fact, it would be legal--I would think--to defend one's home, in the other 49 states, also. But this surely clears up the matter.)

(2) Circuit Attorney Kim Gardner has called it a "peaceful protest"--even though the so-called "protestors" broke down the McCloskeys' gate, and appeared to be on the brink of overrunning their house.

(3) It should be evident that this was a politically inspired indictment.

(4) Missouri Attorney General Eric Schmitt "swiftly filed a brief in the case to have it dismissed," according to the article.

(5) If it does go to trial the McCloskeys almost certainly will be acquitted by a jury of their peers.

(6) If--for some unforeseeable reason--they were actually to be convicted, the Missouri governor, Mike Parson, has already indicated that he would pardon them.
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Old 07-22-2020, 01:07 AM
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Default Re: St. Louis couple who waved guns at protesters face charges

The justification for pardons by the Governors and the Presidents are for just such occasions of misguided prosecutions. Not for Rich (pun intended) friends who donate to political campaigns.

That said, any decent judge would throw this case out of his court and ask for investigation into prosecutorial misconduct. Kimberly gardener is a disgrace to the legal profession. And given the sleaze reputation of the modern day legal profession, that is saying something
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Old 07-22-2020, 01:42 AM
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Default Re: St. Louis couple who waved guns at protesters face charges

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The justification for pardons by the Governors and the Presidents are for just such occasions of misguided prosecutions. Not for Rich (pun intended) friends who donate to political campaigns.
Right on the Marc...
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Old 07-22-2020, 07:59 AM
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Default Re: St. Louis couple who waved guns at protesters face charges

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Right on the Marc...
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Old 07-22-2020, 07:53 PM
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Default Re: St. Louis couple who waved guns at protesters face charges

not to worry; the gestapo will be sent in soon.
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Old 07-23-2020, 05:21 AM
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Default Re: St. Louis couple who waved guns at protesters face charges

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not to worry; the gestapo will be sent in soon.
What in the world are you talking about? Do you even understand the topic or are you just off your meds again?

Please refrain from posting your nonsense in threads that are addressing a serious topic. You are adding nothing of value to the conversation.
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