Monday, St. Louis Circuit Attorney Kim Gardner filed charges against the couple filmed flashing firearms to protect their property from a looting mob. The McCloskeys were charged with “felony unlawful use of a weapon.”
Later Monday, Missouri’s AG moved to have the charges dismissed saying, “The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine, which provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm.”
Fox News has more:
Gardner declined to discuss to why Missouri’s “castle doctrine,” a law that justifies deadly force for those who are defending their homes from intruders, didn’t apply.Within hours of the ruling, Missouri Attorney General Eric Schmitt filed a brief seeking to dismiss Gardner’s charges against the McCloskeys on the grounds that their Second Amendment rights are being violated.“The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine, which provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm,” Schmitt said in a prepared statement provided to Fox News.“Despite this, Circuit Attorney Gardner filed suit against the McCloskeys, who, according to published reports, were defending their property and safety. As Missouri’s Chief law enforcement officer, I won’t stand by while Missouri law is being ignored,” Schmitt said.The brief filing says the attorney general “respectfully requests that the Court dismiss this case at the earlier possible opportunity.”The McCloskeys have said they were defending themselves, with tensions high in St. Louis amid nationwide police protests sparked by the police custody death of George Floyd. The McCloskeys said that the crowd of demonstrators broke an iron gate marked with “No Trespassing” and “Private Street” signs and that some violently threatened them.An attorney for the couple, Joel Schwartz, called the decision to charge “disheartening as I unequivocally believe no crime was committed.”
Also Monday, Missouri Governor Parson said he would likely pardon the couple:
Missouri Gov. Mike Parson told a radio host last week that based on the information he’s received, it’s likely he would pardon a white St. Louis couple if they are charged for brandishing guns during a racial injustice protest outside their mansion.In an interview Friday on the Marc Cox Morning Show on 97.1 FM in St. Louis, Parson was asked if he would consider a pardon.“I think that’s exactly what would happen,” Parson said. He later added that based on what he knows about the case, “I don’t think they’re going to spend any time in jail.”
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