Missouri Attorney General Eric Schmitt has called for the dismissal of charges against a St. Louis couple accused of the unlawful use of firearms.
Charges were filed Monday against Mark and Patricia McCloskey over their brandishing of a handgun and rifle as Black Lives Matter protesters walked past their home.
St. Louis City Circuit Attorney Kimberly Gardner announced her office filed charges against the couple. The charge is a class E felony.
"It is illegal to wave weapons in a threatening manner at those participating in nonviolent protest, and while we are fortunate this situation did not escalate into deadly force, this type of conduct is unacceptable in St. Louis," Gardner said in a statement. "We must protect the right to peacefully protest, and any attempt to chill it through intimidation will not be tolerated."
Attorney General Schmitt filed a brief with the circuit court arguing that the charges should be dismissed based on the protections afforded by Missouri law that allow people to protect themselves and their homes. He spoke in support of the Castle Doctrine.
"The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine. This provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm,” Schmitt said.
“Despite this, Circuit Attorney Gardner filed charges 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 - that’s why I entered this case to seek its dismissal, to protect the rights of Missourians to defend their property under Missouri’s Castle Doctrine.”
He added, "Enough is enough, as Missouri's chief law enforcement officer I simply will not stand by while Missouri law is being ignored. That is why I am entering this case in seeking the dismissal of this case to protect the right of Missourians to defend themselves and their property."
The attorney general, in a video statement, said it was a "political prosecution" that will have a "chilling effect on Missourians exercising their right to self defense."
The brief states, "The right to use firearms to defend one’s person, family, home, and property has deep roots in Missouri law. Self-defense is the central component of the right to keep and bear arms, which receives the highest level of protection from the Missouri Constitution.
"Missouri’s statutes specifically authorize Missouri citizens to use firearms to deter assailants and protect themselves, their families, and homes from threatening or violent intruders. A highly publicized criminal prosecution of Missouri citizens for exercising these fundamental freedoms threatens to intimidate and deter law-abiding Missouri citizens from exercising their constitutional right of self-defense.
"On behalf of all Missourians who wish to exercise their right to keep and bear arms in self-defense of their persons, homes, families, and property, the Attorney General respectfully requests that the Court dismiss this case at the earliest possible opportunity.”
Joel Schwartz, an attorney representing the McCloskeys, said in a statement that the charges "are disheartening as I unequivocally believe no crime was committed."
"I, along with my clients, support the First Amendment right of every citizen to have their voice and opinion heard," Schwartz said. "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."