Missouri Attorney General Eric Schmitt said the prosecutor in the case of Mark and Patricia McCloskey has “a record of making politically motivated decisions not based on the law.”
The McCloskeys made headlines earlier this summer for brandishing their guns at Black Lives Matter protesters who marched through their gated community. On Friday, St. Louis police seized the rifle seen in viral videos of the couple after officers executed a search warrant at their home. An attorney for the couple said he hopes to meet with St. Louis Circuit Attorney Kimberly Gardner soon, as she was weighing charges against them.
“Under Missouri law, under the Castle Doctrine, an individual has really expansive authority to protect their own lives, their home, and their property. I think the story here to watch here is the local prosecutor, Kim Gardner,” Schmitt said during a Friday appearance on Fox News.
“Kim Gardner has an abysmal record in prosecuting violent crime, has recently released and been complicit in the release of dozens and dozens of inmates who have been charged with violent crimes, and has a record of making politically motivated decisions not based on the law,” he added. “So, this is certainly something to watch.”
Gardner, who kicked off her reelection campaign in May, was criticized during her initial run for circuit attorney in 2016 for accepting at least $30,000 from a super PAC belonging to liberal billionaire George Soros.
“It’s hard to get into the mind of Kim Gardner. As I said, she has a sketchy track record of making politically based decisions,” Schmitt said.
He added that he doesn’t see the McCloskeys’ actions as unlawful because the protesters were on a private street.
“One important factor here is this was a private street. This was not a public street. These individuals were on their way to the mayor’s house, actually, which has been vandalized several times. This was on a private street, and if you listen to the McCloskeys, they felt threatened, that they were going to be attacked, and that it was made known to them,” he said.
Schmitt has previously criticized Gardner, including during the St. Louis riots following George Floyd’s death when 36 suspected rioters were released from jail.
“In a stunning development, our office has learned that every single one of the St. Louis looters and rioters arrested were released back onto the streets by local prosecutor Kim Gardner,” Schmitt tweeted at the time.
So far, no charges have been filed against the McCloskeys.
