St. Louis gun-toting controversy

The St. Louis gun-toting controversy is an American incident during the George Floyd protests in Missouri which involved protesters trespassing in a private community that escalated into a standoff when demonstrators marched close to the home of Mark and Patricia McCloskey, both armed.[1] No shots were fired; there were no injuries; livestream video showed yelling on both sides. The incident gained national news coverage and sparked controversy.[2][3] Kimberly Gardner, circuit attorney for St. Louis, Missouri, then filed charges against the McCloskey couple on July 20, 2020. This decision drew national attention.[4][5][6] The case is ongoing.

St. Louis gun-toting controversy
DateJuly 20, 2020 (2020-07-20)-present
LocationSt. Louis
CauseProtesters entering a private community
ParticipantsKimberly Gardner
Albert Watkins
AccusedMark and Patricia McCloskey

Incident

On June 28, 2020, a crowd of approximately 500 Black Lives Matter protesters entered Portland and Westmoreland Places, a nearby 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 had submitted letters calling to defund the St. Louis Metropolitan Police Department.[7] Though critics contend that Krewson's actions were tantamount to doxxing, she maintains that the letters are a matter of public record.[7] Despite her contention, she has since apologized, and took down the Facebook Live video of her briefing.[8] These protesters were related to the George Floyd protests in Missouri.

A live stream video on Twitter showed the protesters entering through a wrought iron gate and walking on a sidewalk, both of which were located directly next to the home of personal injury lawyers Mark and Patricia McCloskey, in order to reach Krewson's home. The said 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, the area where it was located on was legally private property/a private place due to idiosyncrasies of the historical time they were first created (where private owners paid for streets near their houses to be paved; see Portland and Westmoreland Places for further details).[9]

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, while other protesters are heard threatening the McCloskeys. During this time, Mark and Patricia pointed their guns towards the crowd. No shots were fired and there were no injuries. Shortly after the incident, the McCloskeys did news interviews stating they are supporters of the Black Lives Matter movement and civil rights. They later criticized BLM protesters at the 2020 Republican National Convention.[2][3]

Police investigations

On June 29, 2020, police were investigating protesters for "trespassing" and "assault by intimidation".[10][11][12] President Donald Trump also retweeted video of the incident.[13] 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."[8]

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.[14][15]

On July 14, 2020, President Donald Trump gave an interview with conservative news outlet Townhall, in which he stated support for the McCloskeys.[16][17]

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 and criticism.[4][5][6]

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.[18][19] Schmitt expressed his concern for "the chilling effect that this [case] might have with people exercising their Second Amendment rights".[20] 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".[20]

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.[21]

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".[22]

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.[23]

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," claiming that he also saw the firearms and was himself threatened by one demonstrator. Mark also alleged 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.'"[24][25]

On October 6, 2020, a grand jury indicted both of the McCloskeys for exhibiting guns at a protest and tampering with a weapon.[26] Missouri Governor Mike Parson said he would "certainly" pardon the McCloskeys if they are convicted.[27]

On December 11, 2020, Circuit Judge Thomas Clark II disqualified Circuit Attorney Kimberly Gardner from prosecuting the case against Mark McCloskey, ruling that the Circuit Attorney circulating fundraising emails alluding to the McCloskey case "raises the appearance that she initiated a criminal prosecution for political purposes."[28][29]

Reaction

Mark McCloskey and his attorney, Albert Watkins, appeared on Fox's Tucker Carlson Tonight on June 30, 2020, two days after the incident.[30]

On July 20, 2020, following the filing of charges against the couple, White House Press Secretary Kayleigh McEnany called those charges an "egregious abuse of power."[31]

On August 24, 2020, the couple delivered remarks during the 2020 Republican National Convention,[32] in support of the 2nd Amendment and of Donald Trump, while criticizing Black Lives Matter protesters. In response to the speech, the rabbi of the synagogue abutting the McCloskey property recounted a 2013 incident when Mark McCloskey destroyed the synagogue's beehive rather than asking it be moved away from the property line.[33]

Aftermath

Allen West, chairman of the Republican Party of Texas, wrote, "Democrat Congresswoman Cori Bush of Missouri... is someone speaking to condemn the violence of January 6th when she actually led a violent march against two people... Cori Bush is a BLM activist who led the mob that called for the rape, murder, and burning of the home of Patty and Mark McCloskey of St. Louis. I know this for a fact since my wife Angela and I hosted the McCloskey’s for an event here in North Texas, and they stayed at our home for two evenings."[34] QAnon member and Congresswoman Marjorie Taylor Greene (R-GA) repeated the accusation and "berated" Bush outside her office in the Longworth House Office Building, forcing Bush to change offices.[35]

References
  1. "St. Louis prosecutor to detective on McCloskey case: 'I suggest you quickly reassess this evidence'". ksdk.com. Retrieved August 8, 2020.
  2. Bonvillian, Crystal. "White St. Louis lawyers pull weapons on peaceful protesters marching through neighborhood". KOKI. Retrieved July 31, 2020.
  3. Kinsaul, Russell. "McCloskeys say they support BLM and fight for civil rights, but were 'victim of a mob'". KMOV.com. Retrieved July 31, 2020.
  4. "St. Louis Prosecutor Charges White Couple With Threatening Protesters With Guns". NPR.org. Retrieved July 31, 2020.
  5. "Charges Filed Against McCloskeys, St. Louis Couple Who Pointed Guns Toward Protesters". St. Louis Public Radio. July 20, 2020. Retrieved July 31, 2020.
  6. "Missouri attorney general wants charges dropped against the McCloskeys". ksdk.com. Retrieved July 31, 2020.
  7. Staff, KMOV com. "Central West End couple explains why they pointed guns at protesters who demanded Krewson's resignation". KMOV.com. Retrieved August 8, 2020.
  8. "St. Louis couple pulls firearms on protesters cutting through their private street". CNN. Retrieved July 31, 2020.
  9. Staff, KMOV com. "Central West End couple explains why they pointed guns at protesters who demanded Krewson's resignation". KMOV.com. Retrieved July 31, 2020.
  10. "St. Louis Couple Point Guns at Protesters Headed to Mayor's House". Time. Associated Press. June 29, 2020. Archived from the original on June 29, 2020. Retrieved July 31, 2020.
  11. Walker, Alissa (June 29, 2020). "How St. Louis' Privatized Streets Led to a Gun-Brandishing Couple". Curbed. Retrieved July 31, 2020.
  12. Bell, Kim; Rice, Rachel; Currier, Joel. "St. Louis couple who pointed guns at protesters saw threat by 'bad actors,' lawyer says; protester says he feared 'bloodbath'". STLtoday.com. Retrieved July 31, 2020.
  13. Pengelly, Martin; Beckett, Lois (June 29, 2020). "Trump retweets video of white St Louis couple pointing guns at protesters". The Guardian. ISSN 0261-3077. Retrieved August 1, 2020.
  14. "Police seize rifle from St. Louis couple who pulled guns on protesters". NBC News. Retrieved July 31, 2020.
  15. "Police seize gun at home of St. Louis couple who pointed weapons at protesters". www.cbsnews.com. Retrieved July 31, 2020.
  16. Pavlich, Katie. "Exclusive: President Trump defends armed St. Louis couple against the mob". Youtube. Townhall Media.
  17. McEvoy, Jemima. "Trump Defends St. Louis Couple Who Pointed Guns At Protesters". Forbes. Retrieved July 31, 2020.
  18. "Amicus Brief of Attorney General Eric Schmitt Supporting Dismissal Of The Case Against Mark McCloskey" (PDF).
  19. "Amicus Brief of Attorney General Eric Schmitt Supporting Dismissal Of The Case Against Patricia McCloskey" (PDF).
  20. Patrick, Kurt Erickson, Jack Suntrup, Robert. "Missouri attorney general defends intervention in McCloskey prosecution". STLtoday.com. Retrieved August 8, 2020.
  21. Trager, Lauren. "Report: Patricia McCloskey's handgun inoperable when seized by police". KMOV.com. Retrieved July 31, 2020.
  22. "Attorney for Mark & Patricia McCloskey files motion to disqualify Gardner, her office from pursuing case". KMOV.com. Retrieved July 31, 2020.
  23. "St. Louis prosecutor to detective on McCloskey case: 'I suggest you quickly reassess this evidence'". ksdk.com. Retrieved July 31, 2020.
  24. Garcia, Victor (July 30, 2020). "St. Louis homeowner Mark McCloskey tells 'Hannity' police have video of armed protesters at his home". Fox News. Retrieved July 31, 2020.
  25. Miller, Joshua Rhett (July 31, 2020). "St. Louis man charged in standoff claims cops have video of armed protesters". New York Post. Retrieved July 31, 2020.
  26. Orecchio-Egresitz, Haven (October 6, 2020). "Mark and Patricia McCloskey, the gun-waving St. Louis couple who threatened protesters outside their home, have been indicted on weapon and evidence-tampering charges". Business Insider. Retrieved October 6, 2020.
  27. "Parson says he'd 'certainly' pardon the McCloskeys, the St. Louis couple indicted on evidence tampering and gun charges".
  28. Byers, Christine (December 10, 2020). "Judge dismisses St. Louis Circuit Attorney Kim Gardner from Mark McCloskey case". The St. Louis American. Archived from the original on December 26, 2020. Retrieved January 17, 2021.
  29. Romo, Vanessa (December 11, 2020). "St. Louis Prosecutor Taken Off Case Of Couple Who Brandished Guns At BLM Protesters". National Public Radio. Retrieved January 17, 2021.
  30. 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.
  31. Salter, Jim (July 20, 2020). "White House decries gun charges for St. Louis couple". The Washington Post. Retrieved August 18, 2020.
  32. 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.
  33. Eshman, Rob (August 24, 2020). "The rabbi who is neighbor to Mark and Patricia McCloskey speaks out: 'They are bullies'". The Forward.
  34. "Chairman West addresses the 'Clear and Present Danger'". Cypress News Review. January 19, 2021. Retrieved January 29, 2021. Perhaps there are those of you who recognize the title of this week’s missive from the Tom Clancy novel of like name. Of course, there was the film adaptation, with Harrison Ford playing the protagonist, Jack Ryan… I would kindly offer that when one considers the aforementioned quotes, we are looking at an even more grave clear and present danger to this Constitutional Republic.
  35. Panetta, Grace (January 29, 2021). "Rep. Cori Bush says she's changing offices after being 'berated' in a hallway by a maskless Marjorie Taylor Greene". msn.com. Business Insider. Retrieved January 29, 2021.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.