Missouri AG seeking dismissal of charges against STL couple who pulled guns during protest

JEFFERSON CITY — Missouri Attorney General Eric Schmitt is seeking the dismissal of charges filed Monday by the St. Louis Circuit Attorney’s Office against a couplefor displaying guns during a racial injustice protest outside their mansion.

Along with the dismissal of charges, Schmitt filed a brief in the case of Mark and Patricia McCloskey supporting the Castle Doctrine law.

Circuit Attorney Kim Gardner charged Mark and Patricia McCloskey, who are both personal injury attorneys in their 60s, with felony unlawful use of a weapon anda misdemeanor charge of fourth-degree assault.

In a statement, Schmitt expressed how important he felt American's right to bear arms is and said that this right is highly protected in the constitution.

The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine. This provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm.

Schmitt believes that regardless of the constitution's protection of the second amendment, Garnder filed charges. And, for this reason, he's seeking a dismissal of the charges.

Despite this, Circuit Attorney Gardner filed charges 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 - 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.

In an interview with the Associated Press, Gardner stood her ground on filing the charges saying that the McCloskeys' actions risked creating a violent situation during an otherwise nonviolent protest.

"It is illegal to wave weapons in a threatening manner — that is unlawful in the city of St. Louis," Gardner said.

In Schmitt's brief supporting dismissal of the charges, Schmitt wrote the following:

The right to use firearms to defend one’s person, family, home, and property has deep roots in Missouri law. Self-defense is the central component of the right to keep and bear arms, which receives the highest level of protection from the Missouri Constitution.

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. A highly publicized criminal prosecution of Missouri citizens for exercising these fundamental freedoms threatens to intimidate and deter law-abiding Missouri citizens from exercising their constitutional right of self-defense.

On behalf of all Missourians who wish to exercise their right to keep and bear arms in self-defense of their persons, homes, families, and property, the Attorney General respectfully requests that the Court dismiss this case at the earliest possible opportunity.

The full brief can be found HERE.

The attorney for the McCloskeys, Joel Schwartz, in a statement called the decision to charge "disheartening as I unequivocally believe no crime was committed."

Gardner is recommending a diversion program such as community service rather than jail time if the McCloskeys are convicted. Typically, class E felonies could result in up to four years in prison.

Supporters of the McCloskeys said they were legally defending their $1.15 million home. Photos emerged as memes on both sides of the gun debate.

Several Republican leaders have condemned Gardner's investigation, including President Donald Trump, Missouri Gov. Mike Parson and Sen. Josh Hawley, who has urged Attorney General William Barr to undertake a civil rights investigation of Gardner.

Parson said in a radio interview Friday that he would likely pardon the couple if they were charged and convicted.