Mark and Patricia McCloskey, the St. Louis couple who pointed their guns at protesters marching past their home on June 28, have been charged with felonies. They each face one count of Unlawful Use of a Weapon, according to News 4.
The charges against the McCloskeys were filed by St. Louis prosecutors on Monday. Circuit Attorney Kim Gardner said that the charges against the McCloskeys, who are both personal injury attorneys, also face a misdemeanor charge of fourth-degree assault, according to Fox 6.
Gardner said, “It is illegal to wave weapons in a threatening manner — that is unlawful in the city of St. Louis.” Instead of jail time, she is recommending a diversion program such as community service if the McCloskeys are convicted. Class E felonies could possibly result in up to four years in prison.
In response to the charges filed on Monday, the McCloskey’s attorney Joel Schwartz said it is “disheartening, as I unequivocally believe no crime was committed.”
Schwartz said in an official statement on Monday: “I, along with my clients, support the First Amendment right of every citizen to have their voice and opinion heard. This right, however, must be balanced with the Second Amendment and Missouri law, which entitle each of us to protect our home and family from potential threats.”
Last week, St. Louis Police Chief John Hayden said police applied for warrants of the McCloskey’s home, and the couple’s guns were turned over to police as evidence.
After Video of The McCloskey’s Pointing Guns at Peaceful Protesters Went Viral, They Defended Themselves By Saying They Feared For Their Lives
— Daniel Shular (@xshularx) June 29, 2020
In the videos shared online, it doesn’t appear that the protesters were trespassing on the McCloskey’s palatial lawn. While Mark McCloskey, 63, holds a large assault weapon and Patty McCloskey, 61, holds a handgun in the video, they end up pointing their weapons at each other while staring down protesters. While a video does show the protesters walking through a pedestrian gate next to signs that say “private street,” “no trespassing” and “access limited to residents,” witnesses said that the protesters were peaceful and did not approach the McCloskeys or go onto the lawn of the “Midwestern palazzo” where they live.
Another video shared on Twitter that has now been made unavailable showed Patty McCloskey holding her gun straight at passing protesters, one wearing a T-shirt that read, “Hands up, don’t shoot.”
here’s what happens when you march on Portland Place in St. Louis, MO
they’re scared of their own community pic.twitter.com/Ng8qW1Pa6C
— avery (@averyrisch) June 29, 2020
The McCloskeys could not be reached for comment by Heavy. But Mark McCloskey told KSDK:
We were threatened with our lives, threatened with a house being burned down, my office building being burned down, even our dog’s life being threatened. It was, it was about as bad as it can get. I mean, those you know, I really thought it was Storming the Bastille that we would be dead and the house would be burned and there was nothing we could do about it. It was a huge and frightening crowd. And they were they broken the gate were coming at us.
Mark McCloskey told KMOV, “A mob of at least 100 smashed through the historic wrought iron gates of Portland Place, destroying them, rushed towards my home where my family was having dinner outside and put us in fear for our lives. “This is all private property. There are no public sidewalks or public streets. I was terrified that we’d be murdered within seconds, our house would be burned down, our pets would be killed. We were all alone facing an angry mob.”
The McCloskeys Were Heralded By Fox News’ Tucker Carlson, Trump & Republican Lawmakers as Heroes of the Second Amendment
Missouri Governor Mike Parson and Senator Josh Hawley have publicly disagreed with charges being brought against the McCloskeys and have urged Attorney General William Barr to undertake a civil rights investigation of Gardner.
Parson, who cited Missouri’s “castle doctrine” law that justifies lethal force for those protecting their homes, said during the Marc Cox Morning Show on Friday that he would likely pardon the couple if they were charged and convicted. “I think that’s exactly what would happen,” he said. Based on what he knows about the case, “I don’t think they’re going to spend any time in jail.”
During Trump’s virtual campaign event on July 18, the McCloskeys were interviewed by Don Jr. and his girlfriend, Kimberly Guilfoyle, who implored that it was their “constitutional right” to own guns. Patty was praised by Guilfoyle for “standing by your husband, holding a gun.”