Fox news published an article titled: Missouri AG moves to dismiss charges against couple who pointed guns at crowd. The article states:
The brief supporting the dismissal says 'the right to use firearms to defend one’s person, family, home, and property has deep roots in Missouri law'
Missouri Attorney General Eric Schmitt on Monday moved to dismiss charges brought by St. Louis’ top prosecutor against a couple who pointed guns at a crowd marching to the mayor’s home last month, Fox News has learned.
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. She added that she was recommending a diversion program as an alternative to jail if the McCloskeys are convicted.
Gardner declined to discuss to why Missouri’s “castle doctrine,” a law that justifies deadly force for those who are defending their homes from intruders, didn’t apply.
Within hours of the ruling, Missouri Attorney General Eric Schmitt filed a brief seeking to dismiss Gardner’s charges against the McCloskeys on the grounds that their Second Amendment rights are being violated.
“The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine, which provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm,” Schmitt said in a prepared statement provided to Fox News.
“Despite this, Circuit Attorney Gardner filed suit 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,” Schmitt said.
The brief filing says the attorney general “respectfully requests that the Court dismiss this case at the earlier possible opportunity.”
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.
Millions of Americans pondered their lawful right to protect their lives and property after witnessing Circuit Attorney Gardner immediately threaten to unjustly charge the McCloskeys and then following through with her prejudiced threats. Thankfully Attorney General Eric Schmitt’s actions gives many Americans hope that they can lawfully defend their family against hostile rioters and expect equitable and just treatment by law enforcement.
Florida Family Association has prepared an email for you to send to thank and encourage Missouri Attorney General Eric Schmitt for defending the McCloskey’s right to defend their lives and property under the state’s castle doctrine.
Click here to send your email to thank and encourage Missouri Attorney General Eric Schmitt for defending the McCloskey’s right to defend their lives and property under the state’s castle doctrine. For all email clients because there is only one email address. YAHOO works best in Yahoo Mobile App, not so well with internet browser.
This email will open in your email browser because the Missouri Attorney General's Office is blocking normal form emails sent through the Florida Family Association email server and emails with specific Subject Line wording. If the above link does not open in your email browser or if the email is returned to you please prepare an email using the suggested subject line, content and email addresses provided below. Please feel free to change the wording.
Suggested subject line:
Thank you for defending the rights of the McCloskey family to defend their lives.
Honorable US Attorney John Durham,
Honorable Attorney General Eric Schmitt, Thank you for intervening to defend the rights of the McCloskey family to defend their lives and property. Millions of Americans are encouraged by your intervention after witnessing Circuit Attorney Gardner immediately threaten to unjustly charge the McCloskeys and then following through with her prejudiced threats. Please stand strong as you defend the McCloskeys rights because millions of Americans are hoping for sanity in this case.
Marianna Deal, Communications Director
Missouri Attorney General