[PostMillennial] St. Louis Circuit Attorney Kim Gardner
| ...one of the many recipients of the Soros-led Progressive district attorney placement project, for which they clearly chose the most like-minded instead of the brightest or cleverest.... |
filed the charges of unlawful use of a weapon/flourishing according to Channel 5 in St. Louis.
Channel 5 reports that the "unlawful use of a weapon charge is a class D felony and could result in one to four years in prison as well as fines up to $5,000" and that "Gardner's office will be issuing a summons for the couple to appear in court."
Prosecutors File Charges Against McCloskeys But Their 'Case' May Have Already Fallen Apart
[PJMedia] Gardner simply never mentions the Second Amendment or the state’s Castle Doctrine, both of which are relevant.
Also relevant: The pistol Patricia McCloskey is seen holding in the video may not be real.
(Former McCloskey defense attorney Al) Watkins told reporters the pistol Patricia McCloskey used was only a prop from a federal trial that the couple used in a case. Both of them are attorneys.
A source familiar with the investigation told 5 On Your Side that police did not find any ammunition at the McCloskeys’ home and the rifle was not loaded when they seized it.
If it’s not a real gun, it’s no more weapon than a small club. If the rifle was never loaded, then the McCloskeys were bluffing the protesters at the most.
If one “gun” was a prop and the other wasn’t loaded, neither were capable of meeting the definition of flourishing as described in Missouri state law above. Neither was “readily capable of lethal use.”
UDPATE: Missouri’s Attorney General has moved to drop the charges, Fox News reports:
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. |