ST. LOUIS, MO – The headline says it all. And no, it wasn’t a typo or a misprint.
Mark and Patricia McCloskey were indicted on “counts of exhibiting a weapon and tampering with evidence” just four months after hundreds of Black Lives Matter protesters ripped the gate to their private property off the hinges and paraded through their yard.
It is a sad day when two Americans are indicted for exercising their right to self defense in the face of roughly 300 angry protesters that were threatening to kill them and move into their home.
— The Hill (@thehill) October 6, 2020
Kim Gardner, the St. Louis Circuit Attorney filed felony charges against the couple months ago for “unlawful use of a weapon.”
According to their attorney, Joel Schwartz, the grand jury added the tampering charge prior to making its decision within the past few hours.
The McCloskeys have long claimed that they were acting in self defense.
“I was terrified that we’d be murdered within seconds. Our house would be burned down, our pets would be killed,” Mark McCloskey said.
“The AP reported that about 300 people were protesting in the area, with the group marching onto a private street. Protesters have said that a gate to the street was open, though the McCloskeys claimed that the demonstrators broke through.”
Law Enforcement Today has previously reported that the gate entrance in question was clearly marked with signs indicating “private property” and “no trespassing.” Photos show the gate in being absolutely destroyed after being ripped from its hinges. There have been videos circulating on social media showing the destruction of the private property.
The Hill continued:
“St. Louis police last month issued summonses to nine protesters for trespassing onto a private street during the June incident. Police spokesperson Evita Caldwell told The Associated Press at the time that authorities were still deciding whether to file formal charges against the demonstrators.”
It was unclear at the time of this writing whether the couple would be taken into custody on the two felony charges.
Either way, while a trial will still have to take place to determine innocence or guilt, the McCloskeys are presumed innocent until proven otherwise.
The pistol that Patricia McCloskey held during the incident was allegedly not functional. Kim Gardner is reported to have ordered the forensics lab to “fix” the pistol and make it operational.
Self defense is under attack in Biden’s America.
Reminder: The garbage STL city circuit atty Kim Gardner ordered the forensics lab to tamper with the evidence so as to get a felony charge on Patricia McCloskey. I explain here: https://t.co/iHuRpO9oHL https://t.co/HrEutjWmUW
— Dana Loesch (@DLoesch) October 6, 2020
But, based on the evidence that is publicly available, these indictments appear to be an all-out assault on the 2nd Amendment, self defense, “stand your ground” laws and Castle Doctrine.
We explain how all of that pertains to this case in detail below, along with information pertaining to the incident itself.
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ST. LOUIS, MO – By now you have probably seen the photos or video of Mark and Patricia McCloskey, St. Louis area attorneys, who brandished weapons outside their home as Black Lives Matter protestors “strolled” past their home, “peacefully” minding their own business.
— ABC News (@ABC) June 29, 2020
Social media has blown up with claims that their actions were racially motivated and that they broke the law by having guns, that they will get away with it because they are white, and calling for their arrests.
They were called “aggressors.”
And, as always, people showed their ignorance about guns. A Missouri State Representative, who claimed to be in the crowd, said that it was “scary to see the man come out with an ‘AK.'”
The fact that Ken and Karen have not been arrested for illegally pointing guns at people, and people defending them are using the "I'm white and I say so law", further proves how illegitimate the "system of law & order" is. Laws enforced based on race are illegitimate.
— Tariq Nasheed ?? (@tariqnasheed) June 29, 2020
Nasheed, who claims to be the worlds “#1 Race Baiter,” also tweeted:
“These two suspected white supremacists rans [sic] out of their houses and pointed guns at people who were not even paying attention to them and their home. Like I said, white supremacy is about enforcing and NOT enforcing laws based on race. What they did was illegal.”
These two suspected white supremacists rans out of their houses and pointed guns at people who were not even paying attention to them and their home.
Like I said, white supremacy is about enforcing and NOT enforcing laws based on race.
What they did was illegal https://t.co/JfqkSufA9u
— Tariq Nasheed ?? (@tariqnasheed) June 30, 2020
As soon as Ken and Karen here left their home and began pointing guns at people, they became the aggressors. This is the law even in a "stand your ground" state like Florida. pic.twitter.com/cXZ6OOy3GQ
— So Fain (@sofain) June 29, 2020
In the first video above, you can hear a protester saying “we are not on their property,” which is an absolute lie.
These gates indicate that this is private property, no trespassing. But the crowd tore down the gates and went in anyway.
An overhead view shows that people were indeed trespassing on the McCloskey’s property.
Somehow, that is lost on social justice warriors, like Shaun King.
View this post on Instagram
? This is a crime. And it’s CRAZY. That’s St. Louis. And the armed people you see are Mark and Patricia McCloskey – ATTORNEYS – who did this when protestors WALKED PAST THEIR HOUSE on their way to protest the Mayor. Protestors weren’t even there for them. Not a single person threatened them. They pulled out an AR-15 assault rifle and a pistol and began aiming it at men, women, and children. It violates Missouri Criminal Code 571.030.1(4) which says citizens are not allowed to exhibit “any weapon capable of lethal use in an angry or threatening manner.” Follow @GrassrootsLaw.
What King fails to share with his followers is that 571.030.5 states: Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031, RSMo.
That statute says:
2. A person shall not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
(1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony;
(2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person; or
(3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of using protective force under this section.
3. A person does not have a duty to retreat:
(1) From a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining;
(2) From private property that is owned or leased by such individual; or
(3) If the person is in any other location such person has the right to be.
4. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
In an Instagram post, Colion Noir breaks down the legality of trespassing and self defense in Missouri, writing:
“In Missouri, unlawfully entering someone’s property or staying on their property without their permission, means you’ve committed the offense of trespass if the property owners gives you notice that you can’t come onto the property.
“They can give this notice by installing a fence, telling the person that they can’t enter, or posting a ‘No Trespassing Sign’.
“There was a gate with a sign that said ‘Private Street Access Limited to Residents’ and another sign that said, ‘Private Street No trespassing’. No one let the protesters into the neighborhood, they just opened or broke the gate and marched in, thus it’s trespassing.
“He still had every right to do what he did.
“Missouri is an open-carry state and he was on his property, so if he wanted to carry his rifle while standing on his property with no shoes on and a pink polo as a precaution to the protest, have at it chief, because that’s his constitutional right whether you like it or not.”
Mark McCloskey joined Anne Allred of KSDK 5 to discuss his actions. He said that he and his wife were threatened, their dog was threatened and people stated that they would burn down his home and his office. Others said they would be living in that home by the time they were done.
McCloskey highlighted that, along with the threats, members of the crowd were wearing body armor, carrying loaded magazines for weapons, and saying things like “you’re next.”
He also pointed out the hypocrisy in the protesters passing his home heading to the mayor’s home to demand her resignation for “doxxing” people who want to defund police, yet those same protesters had no problem releasing his addresses to his home and his business online.
And regarding his exhibition of weapons, he said:
“The only thing that stopped the crowd from approaching the house was when I had that rifle and I was holding there. The only thing that stemmed the tide.”
Here is part of the transcript of that interview.
Anne Allred: Tell me what happened last night.
“We came back to the house. I don’t know what time it is, I’ve been up ever since. I’m a little, I’m a little blurry, but we were preparing dinner. We went out to the east patio, open porch that faces Kingshighway on one side and Portland Place Drive on the south, and we’re sitting down for dinner.
“We heard all this stuff going on down on Maryland Plaza. And then the mob started to move up Kingshighway, but it got parallel with the Kingshighway gate on Portland Place, somebody forced the gate, and I stood up and announced that this is private property. Go back.
“I can’t remember in detail anymore. I went inside, I got a rifle. And when they, because as soon as I said this is private property, those words enraged the crowd. Horde, absolute horde came through the now smashed down gates coming right at the house.
“My east patio was 40 feet from Portland Place Drive. And these people were right up in my face, scared to death. And then, I stood out there. The only thing we said is ‘This is private property. Go back. Private property. Leave now.’
“At that point, everybody got enraged. There were people wearing body armor. One person pulled out some loaded pistol magazine and clicked them together and said ‘you’re next.’
“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 about as bad as it can get. 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 broke the gate [and] were coming at us.”
Allred: There have been some reports on Twitter and people who say they were there. It says they are saying the gate was already broken.
“Yeah, that is nonsense. Absolute nonsense. The gate was not broken. The gate was broken physically in half. Our trustees on Portland Place came out later in the night and chained it all up with an automotive tow chain, it looks like. But no, you can talk to the trustees on Portland Place. The gate was not broken in half and laying on the ground one second before they came in and stormed the place.”
Allred: Were the protesters on your private property at any point?
“Everything inside the Portland Place gate is private property. There is nothing public in Portland Place. Being inside that gate is like being in my living room. There is no public anything in Portland Place. It is all private property.
“You’ve got to appreciate that if there are two or three hundred people, I don’t know how many there were. We were told that 500 people showed up at the Lyda Krewson house, which is not on our street, as you know.
“But how many of them came through Portland Place? I don’t know. It was a big crowd and they were aggressive, wearing body armor and screaming at us and threatening to harm us, how they were going to be living in our house after they kill us.”
Allred: And what has happened since last night, and those images exploded online?
“Well, I’ve had to turn the phones off in my office. I had to come over here last night and have the office boarded up because we’re getting threats against the building and everybody. It is interesting to me that the very people that are asking the mayor to resign for ‘doxxing’ people have now put all of my information all over the web, everywhere in the world. Is there some hypocrisy there? You know, maybe I’m maybe I’m missing something.
“But we’ve had to turn off our telephones here at the office because all my lines have been going continuously since I got here at 10:30 last night. I am getting thousands of emails. I going to have to turn off my website. And it’s all it’s been both threatening and encouraging because of the number of people who have voiced their support. But there’s also been an awful lot of people who have [made] the very direct threats of violence against me and my family.”
Allred: And you said you’ve received death threats?
“Oh, God, yes. The death threats started within minutes. I mean, I don’t know how long this whole event started. But I’ll bet we got our first e-mail death threats before the mob moved on from Portland Place.”
Allred: When you see the images online of you and your wife on the patio, armed now after the fact. What do you think?
“Well, you know, we were always obviously upset. My wife doesn’t know anything about guns, but she knows about being scared. And she grabbed a pistol and I had a rifle, and I was very, very careful I didn’t point the rifle at anybody.
“The only thing that stopped the crowd from approaching the house was when I had that rifle and I was holding there. The only thing that stemmed the tide. I can’t blame my wife for being terrified and for doing what she could to protect what she thought was her life, it was it was, you know, a horrible, horrible event.
“And to call these people protesters, I’ve lived in the City of St. Louis for 32 years. We were, you know, urban pioneers back when we bought on Portland Place in 1988. And we have done everything for 32 years to improve the neighborhood and to keep this historic neighborhood going. And it’s very frustrating to see it get targeted. And of course, we’d been told by the press, and Expect Us, that they wanted to start targeting middle-class neighborhoods and upper-class neighborhoods and bring their revolution outside of the cities. And we got an email from our trustees on Thursday saying that they were going to do this on Friday. We’re very worried about it.”
Allred: Any regrets about what happened?
“I regret they broke in the gate. I can tell you that. I mean, what l’ll say this: There is mayhem in the city every night. You never hear about it. There’ll be dozens of shootings, multiple deaths. No one seems to care about those black lives. But it’s when there is political capital to be made from somebody’s death. That death matters, no other life matters that I can see, you know.
“I do civil rights cases. Right now, I’m representing a young man who was assaulted by the police who is sitting in prison right now for being involved in a car accident after which the police came in and assaulted him. It’s on video. I’m not some kind of extreme, you know, anti-Black Lives Matter guy. I do these cases. I have been doing them for decades. I have, on the wall of my conference room, an anti-slavery broadsheet, the abolitionist broadsheet from 1832. It’s been there as long as I’ve owned this building. I’m not I’m not the enemy of people that really care about the Black lives, but I’m apparently the enemy of the terrorists and the Marxists that are running this organization.”
“Well, I’m hoping that the government goes to protect us. Although I have my doubts about that. We will struggle through the best way we can. It is discouraging.”
Allred: Anything else you’d like to add, Mark?
“I don’t think so. I just I wish that this hadn’t happened last night, but I didn’t ask for it. I was having dinner.
“But let’s not forget, Nasheed called McCloskey a “suspected white supremacist.”
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