Missouri AG calls felony charges against armed Missouri homeowners 'a political prosecution'
St.
Louis' top prosecutor faced intense criticism on Monday-- including
from the state's governor and attorney general-- after bringing felony
charges against the homeowners seen in cellphone video brandishing guns
when protesters appeared outside their home in a gated community. Missouri Attorney General Eric Schmitt told "Fox News @ Night" Monday that he is seeking to have the charges against the homeowners dismissed, calling it "a political prosecution." St.
Louis Circuit Attorney Kim Gardner, the city’s top prosecutor, said
Mark and Patricia McCloskey -- both personal injury attorneys in their
60s -- will be charged with felony unlawful use of a weapon following
the June 28 incident. "It is illegal to wave weapons in a
threatening manner -- that is unlawful in the city of St. Louis,"
Gardner said in a statement. Missouri Gov. Mike Parson, a
Republican, said last week he would consider pardoning the couple should
they be criminally charged. "Kim Gardner’s action toward the
McCloskeys is outrageous," he wrote on Twitter Monday. "Even worse, the
Circuit Attorney’s office has admitted there is a backlog of cases and
dozens of homicides that haven’t been prosecuted, yet she has
accelerated this case forward." Schmitt argued that the right to
self-defense is "deeply rooted" in the constitution and said the state
has an expansive "castle doctrine," which "gives broad authority to
individuals to protect their lives, the lives of their family members,
their homes, and their property." "At a time when there's calls to
defund the police, at a time with skyrocketing violent crime rates --
including here in Missouri and in St. Louis -- we've got a prosecutor
now targeting individuals for exercising their fundamental rights under
the second amendment," Schmitt said. The
McCloskeys have said they were defending themselves, with tensions high
in St. Louis amid nationwide police protests sparked by the police
custody death of George Floyd.
The McCloskeys said that the crowd of demonstrators broke an iron gate
marked with "No Trespassing" and "Private Street" signs and that some
violently threatened them.
Armed homeowners standing in front of their house along Portland
Place confront protesters as they march to Mayor Lyda Krewson's house on
Sunday, June 28, 2020, in the Central West End in St. Louis. (Laurie
Skrivan/St. Louis Post-Dispatch/Tribune News Service via Getty Images)
The husband and wife maintained they were protecting
their home. St. Louis police seized the rifle from the home pursuant to a
search warrant. No shots were fired but the incident quickly went viral
and fueled the debate over rights property owners have when confronted
with perceived threats. Schmitt
on Monday noted how the incident was on a private street and said you
have a right to "defend your castle" under Missouri law. "This is a politically motivated prosecution by a prosecutor whose not interesting in prosecuting violent crimes," he added. Schmitt
added that he is seeking to have the case dismissed "not just for the
McCloskeys, but for every Missourian whose rights are threatened by a
rogue prosecutor who seeks to punish people for exercising their
fundamental right to self-defense." Fox News' Bradford Betz and Louis Casiano contributed to this report
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