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By Linh Nguyen
ST. LOUIS, MO – Mark and Patricia McCloskey—the husband and wife who brandished firearms from their mansion’s lawn at passing peaceful protestors in a video that then went viral—Wednesday pleaded not guilty.
Just last week, the 22nd Circuit Court of the State of Missouri announced the Grand Jury’s decision to indict the couple—who appeared as guests at the Republican National Convention in August at Pres. Trump’s nomination.
They are each being charged with one count of unlawful use of weapons, a class E felony, and tampering with physical evidence in a felony prosecution, a class E felony.
Both charges are punishable by one day up to four years in the Missouri Department of Corrections and a fine up to $10,000. St. Louis Circuit Attorney Kimberly M. Gardner is the prosecutor in this case.
The incident occurred on June 28. Sixty-one-year-old Mark McCloskey and 63-year-old Patricia McCloskey were standing outside their home on a private street in an upscale neighborhood where protesters were marching to Mayor Lyda Krewson’s house to protest racial injustice.
Mark McCloskey was wielding a rifle while Patricia McCloskey was holding a smaller handgun. Photos and videos show the two aiming at the passing protestors in an intimidating fashion. The McCloskeys, who are also personal injury lawyers, are now facing the misdemeanor charge of fourth degree assault.
The grand jury found that the McCloskeys tampered with evidence by altering their firearms “with the purpose to impair its verity in the investigation of an Unlawful Use of a Weapon […], an official investigation, and thereby impaired and obstructed the prosecution,” as stated in their indictment.
The McCloskeys’ attorney, Joel Schwatrz, claimed that Patricia McCloskey’s gun was inoperable when she wielded it on the day of the incident because it had been used as a prop in an earlier lawsuit against the gun manufacturer.
The McCloskeys’ attorney at the time, Albert Watkins, said that Patricia knew the gun was inoperable but waved it as an “intimidation factor which may be utilized within the context of any self-defense.”
After a brief court hearing last week, Mark McCloskey expressed anger at the charges.
“Every single human being that was in front of my house was a criminal trespasser,” he said. “They broke down our gate. They trespassed on our property. Not a single one of those people is now charged with anything. We’re being charged with felonies that could cost us four years of our lives and our law licenses.”
Mark and Patricia McCloskey are next scheduled to appear in court on Oct. 28.
Schwartz called the case a “political prosecution.
“It’s time to remove the noise,” Schwartz said. “It’s time to remove the politics from this particular case. Deal with the facts. The facts speak for themselves. The facts will indicate that neither Patricia nor Mark McCloskey committed any offense.”
Since the McCloskeys sparked nationwide attention and after Circuit Attorney Gardner filed charges against them, the McCloskeys have publicly gained the support of many Republican politicians, including Trump.
Schwartz said that the McCloskeys have spoken to Trump and that Trump “contacts them semi-frequently.”
Months ago, following the prosecutor’s decision to file charges, Missouri Attorney General Eric Schmitt filed a brief in the McCloskeys’ case, supporting the Castle Doctrine law and seeking dismissal of the charges Gardner’s office filed.
“The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine,” said Schmitt. “This provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm.
“As Missouri’s chief law enforcement officer, I won’t stand by while Missouri law is being ignored. That’s why I entered this case to seek its dismissal, to protect the rights of Missourians to defend their property under Missouri’s Castle Doctrine,” the state AG said.
The state Attorney General requested that the Court dismiss this case at the earliest possible opportunity.
Days before the McCloskeys were charged, Missouri Governor Mike Parson told a radio host that he would likely pardon them if they were charged, also citing the Castle Doctrine law. Parson also said he spoke to President Trump about the case and that Trump would “do what he can to help.”
Also, before charges were pressed, U.S. Senator Josh Hawley called on U.S. Attorney General William Barr to launch a federal civil rights investigation into Gardner for abuse of power for investigating the McCloskeys.
In August, Missouri Republicans proposed an amendment that would allow Gov. Parson to push Kim Gardner out of office for “nearly any reason,” though the proposal was met with backlash.
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