Couple Charged for "Defending" Home Against Protestors
A St. Louis prosecutor filed charges against a local couple after the pair brandished firearms at protesters. Footage of the scuffle, which began after the agitators swarmed onto the couple's lawn, was widely circulated on social media.
"It is illegal to wave weapons in a threatening manner — that is unlawful in the city of St. Louis," Circuit Attorney Kim Gardner said.
Despite the charges, the couple, Mark and Patricia McCloskey, has amassed significant support. Republican figures ranging from Missouri Gov. Mike Parson to President Donald Trump have publicly criticized Gardner's investigation. State Attorney General Eric Schmitt filed a brief asking for the charges to be dismissed.
"The right to keep and bear arms is given the highest level of protection in the Missouri constitution and our laws, which I am charged with protecting," State Attorney General Eric Schmitt said. "Enough is enough," he continued. "As Missouri's chief law enforcement officer, I simply will not stand by while a Missouri law's being ignored. That's why I'm entering this case and seeking dismissal of this case to protect the rights of Missourians to defend themselves and their property."
The McCloskeys live in a $1.15 million home on Portland Place, a private street. On June 28, several hundred protesters set out for St. Louis Mayor Lyda Krewson's house, cutting through Portland Place along the way. According to the police report, the McCloskeys heard the noise of the approaching crowd and saw them break open the gate protecting their street. The gate is clearly marked with "No Trespassing" and "Private Street" signs. Protestors, however, claim that the gate was already open.
What happened next was caught on video. Mark McCloskey emerged first with a semi-automatic rifle. Patricia McCloskey, armed with a semi-automatic handgun, appeared next. They both yelled at protesters and waved their guns at them. Patricia was filmed with her finger on the trigger. No shots were fired.
Missouri's "castle doctrine" allows homeowners to defend their properties with the amount of force they believe is necessary. Physical force is permitted to prevent stealing, property damage, or violence. Deadly force is permitted if the homeowner believes their or someone else's lives are in danger.
The McCloskey's were invited to speak of their experience at the Republican national convention. "It seems as if the Democrats no longer view the government's job as protecting honest citizens from criminals, but rather protecting criminals from honest citizens," Mark McCloskey said during a pre-recorded speech. "Not a single person in the out-of-control mob
you saw at our house was charged with a crime. But you know who was? We were."
The prosecution isn't backing down. According to the charges filed against them, the McCloskey's actions recklessly endangered a group of innocent protesters. Under this view, the McCloskey's response was unsuitable to the situation.
"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," Attorney Kim Gardner said. "Make no mistake: we will not tolerate the use of force against those exercising their First Amendment rights, and will use the full power of Missouri law to hold people accountable."
The couple appeared in court at the end of August, declining to enter a plea. Their case won't be heard in court again until October 6. Joel Schwartz, one of the couple's attorneys, was adamant that his clients are innocent and are looking forward to letting a jury hear their story.
"We are simply anxious to remove all the noise from this case, move the case forward, and have the facts heard by a jury and let the jury decide whether or not the McCloskeys committed any felony offenses because we are convinced with absolute certainty that there was no felony committed here," Schwartz said.
If the case continues, jail time is unlikely even if the pair is convicted. Gardner has recommended community service.
