O’FALLON, Mo. (AP) — A judge on Thursday disqualified the St. Louis prosecutor and her office from the case involving Mark McCloskey, who along with his wife pointed guns at racial injustice protesters marching on the private street near their home in June.
Circuit Judge Thomas Clark II dismissed Circuit Attorney Kim Gardner, citing two campaign fundraising emails around the time she filed felony gun charges against the couple in July.
“In short, the Circuit Attorney’s conduct raises the appearance that she initiated a criminal prosecution for political purposes,” Clark wrote.
The order applies only to Mark McCloskey and not his wife, Patricia, who faces the same charges. Attorneys for the couple are expected to ask that the ruling apply to Patricia McCloskey’s case, too.
“Prosecutors are held to a higher standard legally, ethically and politically,” Al Watkins, an attorney for the couple, said in a text. “When you swing and miss on all three you have to hit the lockers.”
Gardner’s office said in a statement that it will “review the court order and determine our options.” The statement said the office was not notified of the decision but learned of it from media reports.
The order will mean that a special prosecutor will be assigned. It’s unclear when that will occur, or who it will be.
The McCloskeys, who are both attorneys in their early 60s, were indicted by a St. Louis grand jury in October on charges of unlawful use of a weapon and tampering with evidence. Their next court appearance was scheduled for January.
Gardner originally filed the weapons charge in July. The grand jury added the evidence tampering charge. The indictment states that a semiautomatic pistol was altered in a way that “obstructed the prosecution of Patricia McCloskey” on the weapons charge.
Another attorney for the McCloskeys, Joel Schwartz, sought Gardner’s removal, citing ads in her successful Democratic primary campaign in August in which she referenced the case. Gardner, St. Louis’ first Black circuit attorney, won reelection in November.
The McCloskeys were celebrated in conservative circles but criticized by others for the incident that happened amid nationwide protests that followed George Floyd’s death in Minneapolis. They spoke on video during the Republican National Convention and garnered support from President Donald Trump and other leading Republicans. Missouri Gov. Mike Parson vowed to pardon them if they are convicted.
“Kim needs your help to fight back!” one of her campaign emails read, noting she was under “national scrutiny from our divisive President, the Republican establishment of Missouri, and the right-wing media, including Fox News.”
The incident happened when a few hundred people were marching to the home of Mayor Lyda Krewson on June 28. En route, they ventured onto the private street that is home to the McCloskey’s million-dollar mansion. The couple said the demonstrators broke down an iron gate and ignored a “No Trespassing” sign.
Protest leaders said they did not damage the gate and that the march was peaceful. The McCloskeys said they felt threatened.
Mark McCloskey emerged from his home armed with an AR-15 rifle and Patricia McCloskey came out with a semiautomatic handgun. It wasn’t immediately clear if that gun was the same one that was the subject of the evidence tampering charge.
Cellphone video captured the tense confrontation between the McCloskeys and the protesters.
Gardner said the display of guns risked bloodshed. A police probable cause statement said protesters feared “being injured due to Patricia McCloskey’s finger being on the trigger, coupled with her excited demeanor.”
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It is reassuring to hear that a judge will protect an unfairly prosecuted defendant’s constitutional right to display a legally-owned firearm in self defense against a dangerous mob and end the political persecution that was initiated against Mark McCloskey by a radical leftist prosecutor whose campaign was financed by George Soros. I hope Patricia McCloskey’s unjust case is also dismissed by this court.
IMO just ‘Dismissing her’ is NOT GOING far enough.
SHE NEEDS TO be immediately fired, and jailed for WILLFULL wrongful criminal prosecution of innocent victims.
Gardner said the display of guns risked bloodshed. A police probable cause statement said protesters feared “being injured due to Patricia McCloskey’s finger being on the trigger…..”
And here I was thinking the trespassers were stupid. Now I can see that they clearly get the purpose of a homeowner having a firearm.
The other side of the coin is that the “protesters” did defeat the closed gate and knowingly trespassed onto private property. (They don’t understand that the .gov does not own everything, yet.) And although they were in such fear of being fired upon….they didn’t leave. Perhaps the ol’ deer in the headlights thing?
Mark McCloskey, who along with his wife pointed guns at racial injustice protesters marching on the private street near their home
There is just so much wrong with that one sentence, it’s just shocking how the Left lies and spins the truth.
“racial injustice protesters“, no they were a violent threatening mob.
“pointed guns at racial injustice protesters” , no they were protecting their lives and their property.
“marching on the private street near their home“, no they were on their property right in front of their house. Not ‘near’ their home.
With this kind of Leftist Propaganda are we really supposed to take these Liars seriously ?!?
Come on Man… are you a some kind of a Junkie !!
Wasn’t it true that the mayor didn’t even live in that neighborhood?
Still laughing about being a racial injustice protesters , just who are they trying to fool?
COMMENTThis whole dang case needs to be thrown out, it was 100% politically motivated, the DEMONcrat politicians have this love the blacks hate the whites thing. What they need to do is throw the politics out of the courtroom they have no reason being there.
TRUMP needs to just HURRY UP AND pardon both them, AND RITTENHOUSE…
And end the nightmare for ALL thre of them!
Racial injustice protesters ???
“I.A.W. U.S. Census & FBI (Table 43a) Black males make up about 8% of the U.S. population but commit 53% of all the murders and 55% of all robberies in the U.S… Every year there are ~6,000 African-Americans men, women and children killed and 94% of them were killed by fellow African-Americans.”
I guess this is not “racial injustice” because ~5,640 black men, women and children are killed by other blacks every year in the U.S..
They don’t CARE about those facts.. NEVER HAVE< never will.
It is no lesser tragedy to have your life and home threatened after a black man has died than any other time.
The entire case is moot anyway because the governor has announced that he will pardon the couple if they are convicted.
Assuming he still has the BALLS to do so, how he’s seen JUST HOW FAR THE commucrats will go to control everything.