St. Louis McCloskey gun controversy

The St. Louis McCloskey gun controversy refers to the incident in June 2020 where a large crowd of Black Lives Matter protestors entered a private community and marched close to the McCloskeys' home, which escalated to a standoff between Mark and Patricia McCloskey, both armed, and the protesters, at least one of which police contend was armed.[1] No shots were fired. There were no injuries. Twitter live stream video shows yelling on both sides. The incident has since gained national news coverage and controversy.[2][3][4][5] Kimberly Gardner, circuit attorney for St. Louis, Missouri, then filed charges against the McCloskey couple on July 20, 2020. This decision drew national attention.[6][7][8] The case is ongoing.

The McCloskeys, armed outside their home as some protesters move closer towards their home, while other protesters march by

These protesters were related to the George Floyd protests in Missouri.

Incident and follow-up events

Photo showing how close protesters had approached the McCloskey couple, while the couple was armed

Incident

On June 28, 2020, a crowd of approximately 500 Black Lives Matter protesters entered Portland and Westmoreland Places, a private gated community, in order to gather around the home of St. Louis Mayor Lyda Krewson, and demand her resignation after she publicly read names and both partial and full addresses of those who has submitted letters calling to defund the St. Louis Metropolitan Police Department.[9] Though critics contend that Krewson's actions were tantamount doxing, she maintains that the letters are a matter of public record.[9] Despite her contention, she has since apologized, and took down the Facebook Live video of her briefing.[10] These protesters were related to the George Floyd protests in Missouri.

In order to reach Krewson's home, protesters had trespassed into a private community without permission. Twitter live stream video showed the protesters entering through a gate located directly next to the home of Mark and Patricia McCloskey. Twitter live steam video showed that protesters entered through the gate and were then walking on a sidewalk next to the McCloskey home. The gate also supposedly had "No Trespassing" and "Private Street" signs placed next to it. The historic wrought iron gate appeared intact during the initial video, and was being held open by a protester while other protesters walked through. The video does not show how the gate was first opened. However, the iron gate was shown to be damaged and literally bent in half in later video and photos. Despite being a sidewalk, this was legally private property as it was inside a private neighborhood.[11]

As the crowd approached, Mark McCloskey was seen shouting "private property" and "get out" multiple times at protesters from his nearby home. Protesters were seen marching both past his home and some closer near to his home. Mark and Patricia were then seen standing outside their front door, with a rifle and handgun respectively. Several protesters were seen confronting Mark and Patricia directly in front of their home, only several yards apart, exchanging heated words. At a point, Patricia was seen walking onto the grass between her home and the sidewalk where protesters were marching by. Some protesters are heard asking others to leave and move on. Other protesters are heard threatening the McCloskeys. During this time, Mark and Patricia pointed their guns towards the crowd. No shots were fired. There were no injuries. Mark and Patricia McCloskey are both attorneys, and later did news interviews stating they are supporters of the Black Lives Matter movement and civil rights.[2][3][4][5]

Police investigations

On June 29, 2020, police were investigating protesters for "trespassing" and "assault by intimidation".[12][13][14] President Donald Trump also retweeted video of the incident.[15] Kimberly Gardner, the Circuit Attorney (chief prosecutor) for the City of St. Louis, Missouri, told CNN in a statement, "We must protect the right to peacefully protest, and any attempt to chill it through intimidation or threat of deadly force will not be tolerated."[10]

On July 10, 2020, St. Louis police seized the rifle of Mark McCloskey. The McCloskeys' previous attorney, Al Watkins, was in possession of the handgun which had been held by Patricia McCloskey, claiming it was to ensure that the handgun was not tampered with. Watkins claimed that the handgun was not functional and could not be fired, and that Patricia knew it was not functional when she held it during the confrontation with the protestors. Watkins then turned over the handgun to the authorities. The handgun had been nonfunctional because it was used as evidence in a previous unrelated trial.[16][17]

On July 14, 2020, President Donald Trump gave an interview with conservative news outlet Townhall, in which he stated support for the McCloskeys.[18][19]

Prosecution of the McCloskeys

On July 20, 2020, Kimberly Gardner, the Circuit Attorney (chief prosecutor) for the City of St. Louis, Missouri, filed charges against Mark and Patricia McCloskey for unlawful use of a weapon, which is a class E felony, and can carry a sentence of up to four years in prison and a fine of $10,000. This decision drew national attention.[6][7][8]

On July 21, 2020 Missouri Attorney General Eric Schmitt filed amicus briefs which argue "Missouri’s statutes specifically authorize Missouri citizens to use firearms to deter assailants and protect themselves, their families, and homes from threatening or violent intruders" and request dismissal of the cases against the McCloskeys.[20][21] Schmitt expressed his concern for "the chilling effect that this [case] might have with people exercising their Second Amendment rights".[22] Retired Missouri Supreme Court Chief Justice Mike Wolff was critical of the intervention, stating that Schmitt "had no role at the trial court level and might be called on to represent prosecutors if the McCloskeys are convicted and appeal" [22]

On July 22, 2020, KMOV4 news published an article stating that the news outlet had anonymously received the supposed prosecutor's lab report for firearms analysis in the case. This document could not be verified. The lab report stated that the prosecutor's lab had tested both the rifle and handgun. The rifle fired when tested, but the handgun was not functional and could not be fired. At the request of prosecutor Chris Hinkley, the handgun was stripped and found to be assembled incorrectly. The prosecutor then requested it to be reassembled correctly and test fired again. The handgun then fired properly. The prosecutor's charging documents stated that the handgun was capable of lethal use. The McCloskeys' current attorney Joel Schwartz stated that if the lab report was authentic, then this action would be considered tampering with evidence. In addition, if the handgun was truly inoperable at the time of the confrontation with protesters, then the prosecutor's charges against Patricia McCloskey would be invalid because the handgun was not readily capable of lethal use.[23]

On July 29, 2020, the McCloskeys' attorney, Joel Schwartz, filed a motion to disqualify Kimberly Gardner, Circuit Attorney, and her office from pursuing the case. The motion stated that Gardner should not be allowed to prosecute their case because Gardner had sent out campaign literature which referenced the charges against the McCloskeys, before any charges were actually brought against the McCloskeys. Gardner's campaign literature was for the Democratic primaries; the winner is the presumptive circuit attorney for the next four years. In one email, Gardner's campaign literature read: "You might be familiar with the story of the couple who brandished guns during a peaceful protest outside of their mansion” and “...President Trump and the Governor are fighting for the two who pointed guns at peaceful citizens...” The literature contained links to donate to her re-election campaign. The McCloskeys' attorneys state that the campaign emails show Gardner has personal interest in the outcome of the case. The motion filing stated that "Here, a reasonable person with access to all the facts would find that there was at least the appearance of impropriety, in that Ms. Gardner's decision may have been affected by her personal, political, financial, and professional interests, and that her neutrality, judgement, and ability to administer the law in an objective manner may have been compromised".[24]

On July 30, 2020, 5 On Your Side news published an article stating that the lead St. Louis police detective investigating the McCloskey case had refused to sign at least two versions of court documents which were drafted by the prosecutors. The news agency claimed they had obtained and reviewed these draft court documents. The court documents show that police had reviewed videos taken June 28 during the incident, and police had contended that at least one person in the protester crowd was armed and another was wearing a bullet-resistant vest.[25]

On July 31, 2020, Mark McCloskey gave an interview with Sean Hannity of Fox News. Mark claimed that police investigators have video footage of people in the crowd outside his home who were "armed with guns," adding that he also saw the firearms and was himself threatened by one demonstrator. Mark also stated that one of the protesters confronting him had "pulled out two loaded magazines, showed me them so I could see the shells in the magazine, clicked them together and said, 'You're next'".[26][27]

Reaction

Mark McClosekey and attorney Watkins appeared on Tucker Carlson Tonight on June 30, only two days after the incident.[28]

Following charges being filed against the couple, White House Press Secretary Kayleigh McEnany called the charges an "egregious abuse of power."[29]

The couple is scheduled to make an appearance at the 2020 Republican National Convention.[30]

References

1. "St. Louis prosecutor to detective on McCloskey case: 'I suggest you quickly reassess this evidence'". ksdk.com. Retrieved 2020-08-08.
2. Desk, Crystal Bonvillian, Cox Media Group National Content. "White St. Louis lawyers pull weapons on peaceful protesters marching through neighborhood". KOKI. Retrieved 2020-07-31.
3. "https://twitter.com/dailycaller/status/1277448317388099586". Twitter. Retrieved 2020-07-31. External link in |title= (help)
4. "https://twitter.com/dailycaller/status/1277415316352573440". Twitter. Retrieved 2020-07-31. External link in |title= (help)
5. Kinsaul, Russell. "McCloskeys say they support BLM and fight for civil rights, but were 'victim of a mob'". KMOV.com. Retrieved 2020-07-31.
6. "St. Louis Prosecutor Charges White Couple With Threatening Protesters With Guns". NPR.org. Retrieved 2020-07-31.
7. "Charges Filed Against McCloskeys, St. Louis Couple Who Pointed Guns Toward Protesters". St. Louis Public Radio. 2020-07-20. Retrieved 2020-07-31.
8. "Missouri attorney general wants charges dropped against the McCloskeys". ksdk.com. Retrieved 2020-07-31.
9. Staff, KMOV com. "Central West End couple explains why they pointed guns at protesters who demanded Krewson's resignation". KMOV.com. Retrieved 2020-08-08.
10. "St. Louis couple pulls firearms on protesters cutting through their private street". CNN. Retrieved 2020-07-31.
11. Staff, KMOV com. "Central West End couple explains why they pointed guns at protesters who demanded Krewson's resignation". KMOV.com. Retrieved 2020-07-31.
12. TIME. "https://time.com/5861089/st-louis-couple-guns-protesters/". Time. Retrieved 2020-07-31. External link in |title= (help)
13. Walker, Alissa (2020-06-29). "How St. Louis' Privatized Streets Led to a Gun-Brandishing Couple". Curbed. Retrieved 2020-07-31.
14. Currier, Kim Bell, Rachel Rice, Joel. "St. Louis couple who pointed guns at protesters saw threat by 'bad actors,' lawyer says; protester says he feared 'bloodbath'". STLtoday.com. Retrieved 2020-07-31.
15. Oakland, Martin Pengelly Lois Beckett in; agencies (2020-06-29). "Trump retweets video of white St Louis couple pointing guns at protesters". The Guardian. ISSN 0261-3077. Retrieved 2020-08-01.
16. "Police seize rifle from St. Louis couple who pulled guns on protesters". NBC News. Retrieved 2020-07-31.
17. "Police seize gun at home of St. Louis couple who pointed weapons at protesters". www.cbsnews.com. Retrieved 2020-07-31.
18. Pavlich, Katie. "Exclusive: President Trump defends armed St. Louis couple against the mob". Youtube. Townhall Media.
19. McEvoy, Jemima. "Trump Defends St. Louis Couple Who Pointed Guns At Protesters". Forbes. Retrieved 2020-07-31.
20. "Amicus Brief of Attorney General Eric Schmitt Supporting Dismissal Of The Case Against Mark McCloskey" (PDF).
21. "Amicus Brief of Attorney General Eric Schmitt Supporting Dismissal Of The Case Against Patricia McCloskey" (PDF).
22. Patrick, Kurt Erickson, Jack Suntrup, Robert. "Missouri attorney general defends intervention in McCloskey prosecution". STLtoday.com. Retrieved 2020-08-08.
23. Trager, Lauren. "Report: Patricia McCloskey's handgun inoperable when seized by police". KMOV.com. Retrieved 2020-07-31.
24. "Attorney for Mark & Patricia McCloskey files motion to disqualify Gardner, her office from pursuing case". KMOV.com. Retrieved 2020-07-31.
25. "St. Louis prosecutor to detective on McCloskey case: 'I suggest you quickly reassess this evidence'". ksdk.com. Retrieved 2020-07-31.
26. Garcia, Victor (2020-07-30). "St. Louis homeowner Mark McCloskey tells 'Hannity' police have video of armed protesters at his home". Fox News. Retrieved 2020-07-31.
27. Miller, Joshua Rhett (2020-07-31). "St. Louis man charged in standoff claims cops have video of armed protesters". New York Post. Retrieved 2020-07-31.
28. Feldman, Josh (June 30, 2020). "Armed St. Louis Man Speaks Out to Tucker Carlson: I Was Afraid 'I Was Going to Be Killed'". Mediaite. Retrieved August 18, 2020.
29. Salter, Jim (July 20, 2020). "White House decries gun charges for St. Louis couple". The Washington Post. Retrieved August 18, 2020.
30. Collins, Kaitlan; Kelly, Caroline; Judd, Donald (August 18, 2020). "St. Louis couple who pointed guns at protesters to speak at Republican convention". CNN. Retrieved August 18, 2020.