An attorney from St. Louis, Missouri, has recently been barred from prosecuting Mark and Patricia McCloskey, who were charged after they were seen on video warding off rioters with guns outside their luxury home in June during nationwide unrest.
Kim Gardner is the circuit attorney who was accused of having “initiated a criminal prosecution for political purposes” after it was found that she had circulated two fundraising emails about the case to aid her re-election bid.
“Like a needle pulling thread, she links the defendant and his conduct to her critics,” wrote Judge Thomas Clark II, who determined her unfit to prosecute the case in a ruling reported by the Post-Dispatch. “These emails are tailored to use the June 28 incident to solicit money by positioning her against the defendant and her more vocal critics.”
Clark was disqualified from prosecuting only Mark McCloskey’s charges, but her whole office has been forbidden from taking up the case. According to the Post-Dispatch, Patricia McCloskey’s trial has been transferred to another circuit attorney, but the city will need to find another prosecutor for her husband.
“This is what we wanted,” the couple’s defense lawyer Joel Schwartz said, according to the local outlet. “We would like a fair-minded prosecutor to take a look at the alleged crimes and reassess the evidence and see what they come up with because we don’t believe any of the evidence supports any of the charges. … As long as that happens, then I think we’ll have the right outcome, and that would hopefully be no charges.”
The husband and wife pleaded not guilty in October after city authorities charged them with unlawful use of weapons and evidence tampering. The McCloskey’s later faced a brandishing offense, according to the local outlet.
“[They said] that they were going to kill us,” Patricia McCloskey told Fox News in July about the demonstrators around her home. “They were going to come in there. They were going to burn down the house.”
“They were going to be living in our house after I was dead, and they were pointing to different rooms and said, ‘That’s going to be my bedroom, and that’s going to be the living room, and I’m going to be taking a shower in that room,” she continued.