Attorney Loses 2nd Appeal to Try St. Louis Couple for Defending Home with Guns

St Louis couple

St. Louis Circuit Attorney Kimberly Gardner (D) lost her second appeal to be reinstated as prosecutor to try Mark and Patricia McCloskey for standing outside their home with guns to defend their property.

Breitbart News reported that Mark held an AR-15 and Patricia held a handgun on June 28, in hopes of deterring protesters from damaging their home or property.

The McCloskey’s claim the protesters threatened them, so Mark came outside with an AR-15 and Patricia with a pistol.

Video of the couple standing outside their home went viral:

Breitbart News reported an investigation was opened against the McCloskeys on June 30, just two days after they stood with guns to protect their property.

The New York Post quoted St. Louis Circuit Attorney Kimberly Gardner saying, “I am alarmed at the events that occurred over the weekend, where peaceful protestors were met by guns.”

She added, “We must protect the right to peacefully protest, and any attempt to chill it through intimidation or threat of deadly force will not be tolerated.”

On October 6, 2020, a grand jury indicted the McCloskeys. KSDK explained that the jury indicted the McCloskeys on “exhibiting a weapon and tampering with evidence.”

The Washington Examiner reports that Gardner was removed the case “after it was determined she raised the appearance of initiating a ‘criminal prosecution for political purposes’ following reports that she used the charges to circulate fundraising emails for her reelection bid.”

On Wednesday Gardner lost her second appeal to be reinstated to the case when the Missouri Court of Appeals ruled against her.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkinsa weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him at You can sign up to get Down Range at


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