Death threats and political pressure from the White House to the U.S. Senate to the governor’s office to the state attorney general did not deter St. Louis Circuit Attorney Kimberly Gardner from filing criminal charges against Mark and Patricia McCloskey for their conduct on the evening of June 28.
On Monday, July 20, Gardner charged both with unlawful use of a weapon, which is a Class E felony.
The charges stem from the McCloskeys confronting peaceful protestors with weapons when they passed in front of their home on a private street in the Central West End on June 28.
“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,” Gardner said.
The McCloskeys’ attorney Joel J. Schwartz said they will plead not guilty.
“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.”
Though the McCloskeys’ claims on national TV that they were threatened seemed to reach and persuade the president of the United States, abundant video evidence of the incident shows no one approaching the McCloskeys or their home.
The McCloskey have claimed that the privacy of their street, which was posted at the gate that protestors entered to pass by them, should exempt them from being charged. They also have claimed that Patricia McCloskeys’ handgun was inoperable. Clearly, those claims did not persuade Gardner.
Gardner said she will recommend the office’s diversion program for the McCloskeys. Schwartz declined further comment.
