ST.LOUIS, MO – Nine Black Lives Matter protesters will not be charged with any crimes for trespassing on the private property of St. Louis attorneys Mark and Patricia McCloskey, instead citations for trespassing were mailed to each of them.
According to reports, the citations were the result of a two month investigation by the St. Louis Metropolitan Police Department.
After the citations were mailed to the activists, City Counselor Julian Bush said that he expected it would take his office about two weeks to go through the documentation provided by the police department.
I was just sent a summons to appear in court for “trespassing on private property” on Portland Pl aka the street Patricia and Mark McCloskey live on. I had a gun waved in my face by them but trespassing is what matters?
— Ohun Ashe 🌻🌼🌞 (@Ohun_Ashe) September 4, 2020
Bush said:
“We have to assess whether or not it’s likely that a conviction could be obtained. If there’s no probably cause or it’s not in the broader interest of the community, then the city counselor will not prosecute.”
It is roughly two weeks later and prosecutors are still refusing to charge the nine activists who trespassed on the McCloskey’s property. The maximum potential penalty for trespassing is 90 days in jail and a $500 fine. Bush said:
“It’s very, very rare for anyone to receive a penalty of incarceration for a municipal ordinance violation.”
9 BLM protesters cited for trespassing in St. Louis, McCloskey suspects ‘there won’t be any charges’ https://t.co/gDvg7NQcRQ #FoxNews
— Bo Snerdley (@BoSnerdley) September 14, 2020
The incident took place on June 28th when rioters broke down the locked gate into the community where the McCloskeys resided and began marching through the streets in an effort to get to the St. Louis mayor’s private home.
Alarmed, the McCloskeys grabbed an unloaded semi-automatic rifle and an inoperable prop gun from a court case and faced off with the protests in front of their $1.5 million home in an attempt to protect their property.
St. Louis Circuit Attorney Kim Gardner charged the McCloskeys with one felony count each of unlawful use of a weapon because the couple stood outside of their own home on their own property and displayed guns to defend their residence.
9 of 300-ish AnftiFa/BLM Rioters On McCloskey’s Property In St. Louis Cited For Trespassing https://t.co/f3hNVoOvW4
— mathewsjw (@mathewsjw) September 13, 2020
Shortly after the charges against the McCloskeys were announced, Missouri Attorney General Eric Schmitt said he would move to have those charges dismissed.
In a recent announcement, St. Louis prosecutors have reiterated that they have declined to prosecute the nine people charged with trespassing on the private property of the McCloskeys. One of the Black Lives Matter activists who received a citation posted on Twitter:
“I was just sent a summons to appear in court for ‘trespassing on private property’ on Portland Pl aka the street Patricia and Mark McCloskey live on.”
She added:
“I had a gun waved in my face by them, but trespassing is what matters?”
Ridiculous: 9 #BLM #protesters cited for trespassing in St. Louis, #McCloskey suspects ‘there won’t be any charges’#StLouishttps://t.co/oLB4P0TQRu
— Jim Nelli (@JimNelli) September 13, 2020
Fox News reported that deputy city counselor Michael Garvin said that prosecutors investigated each of the cases through the review of multiple videos, property documents, and interviews. He said:
“After consideration of all factors, the city counselor determined that prosecution is not warranted against these particular individuals. Having reached that conclusion, all charges were refused.”
Allegedly, Garvin stated that residents who are trustees of the private Portland Place neighborhood also declined to pursue charges. The McCloskey’s lawyer, Joel Schwartz said that the decision to drop the charges does not mean that the demonstrators were not trespassing. He said:
“It was clearly trespassing and the McCloskeys were clearly within their rights to do what they did.”
PAY ATTENTION TO THIS, FOLKS.
No trespassing charges for Portland Place protesters https://t.co/9jiM4zem0f via @KMOV— Annette G. H. 💎 (@AnnetteGH86) September 29, 2020
The McCloskeys are still facing charges for defending their property. The state attorney general has submitted a brief that respectfully requests the judge to dismiss the charges against the McCloskey’s as soon as possible on the grounds that their Second Amendment rights have been violated. Schmitt said in a written statement:
“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.”
Back in July, Gardner recommended that the McCloskeys participate in one of her office’s diversion programs. Missouri Governor Mike Parson said that he plans to pardon the couple if the case against them proceeds to that point.
ST. LOUIS, MO – Kim Gardner, Circuit Attorney for St. Louis, brought charges against a local couple last month who were caught on video brandishing weapons on the porch of their mansion. Now the Missouri Attorney General is stepping in.
Mark and Patricia McCloskey’s response to a mob of protesters tearing down the gate to a private driveway and trespassing across their yard went viral.
The McCloskey’s who are both attorneys, were eating dinner on their patio when several hundred Black Lives Matter protesters, tore down a gate to gain access to a private community that was clearly marked as private with “No Trespassing” signs.
Mark McCloskey claims that the protesters began making threats towards his wife and himself. He went into the home and retrieved a pistol and what appeared to be an AR-15.
Luckily, no one was injured, and the guns that the McCloskey’s legally owned did the trick by keeping the protesters from causing them harm.
According to The Lion Times:
“Republican Attorney General Eric Schmitt is intervening in state Circuit Attorney Kim Gardner’s legal action against Mark and Patricia McCloskey, for brandishing a rifle.
The McCloskeys took up arms when extreme ‘anarchist’ demonstrators gathered outside their home on June 28. The weapon was confiscated after the St. Louis Metropolitan Police Department searched the property. “
Citizens shouldn’t be targeted for exercising their #2A right to self-defense
STL prosecutor Kim Gardner is engaged in a political prosecution
As AG I’m entering the case seeking a dismissal & defend all Missourians’ right to protect their lives/property pic.twitter.com/kQLXOAhFIz
— Eric Schmitt (@Eric_Schmitt) July 20, 2020
The AG released a video on Twitter, where he stated:
“As Missouri’s chief law enforcement officer, I simply will not stand by while Missouri laws are being ignored.
“That is why I am entering the case in terms of seeking the dismissal of the case to protect the rights of Missourians to defend themselves in their property under Missouri’s castle doctrine.”
We provided a breakdown of the Missouri laws around self defense in a previous article, which will be shared again below
Schmitt said:
“The right to keep and bear arms is given the highest level of protection in the Missouri Constitution and their laws, which I am charged for protecting,”
He continued:
“This includes the Missouri castle doctrine, which provides broad rights for Missourians to protect and defend their personal safety, and property against those who wish to do them harm.”
The attorney general said that the charges issued by Gardner was nothing more than politics.
“The shameless circuit attorney filed suit against a St. Louis couple who, according to published reports, say they were doing just that–defending the safety of their property.”
While this is the quote as reported in The Lion Times, we have listened to the video and determined that the AG said “St Louis circuit attorney,” not “shameless circuit attorney.”
Nevertheless, he went on to say:
“A political prosecution, such as this one, would have a chilling effect on Missourians exercising their right to self-defense. The law of Missouri is clear and must be protected … enough is enough.”
We have not been able to confirm that McCloskey will get his illegally seized weapon returned to him.
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