The charges filed by the St. Louis Circuit Attorney Kim Gardner against Mark and Patricia McCloskey already seemed like a political witch-hunt because the couple dared to defend themselves and their property by displaying guns to BLM ‘protesters’ who trespassed on private property back in June. The ‘protesters’ went through a gate onto a private street and allegedly onto the property of the McCloskeys. Mark McCloskey said that the ‘protesters’ also threatened him and his family. They also allegedly broke the wrought-iron gate onto the private street at some point during the incident.
Gardner, a prosecutor backed by George Soros during her election, filed a charge of felony unlawful use of a weapon as well as a misdemeanor charge of fourth degree assault against both McCloskeys.
The Missouri Attorney General said he would be looking into dismissing the case because in his opinion it had no basis and was political in its filing. The Missouri governor said if they were convicted he would likely pardon them.
But a story breaking today shows another big problem in the case and it’s pretty troubling.
When the gun that Patricia McCloskey had was turned over to the authorities, it was inoperable and inoperable when it arrived at the St. Louis Police crime lab.
According to the McCloskey’s attorney, Joel Schwartz, the gun was inoperable during the incident in question with the protesters and couldn’t have hurt anyone. The McCloskeys, who are both attorneys, had used the gun as a prop during a trial.
So here’s the problem, as KSDK reports.
In Missouri, police and prosecutors must prove that a weapon is “readily” capable of lethal use when it used in the type of crime with which the McCloskeys have been charged.
At the request of Assistant Circuit Attorney Chris Hinckley, crime lab staff members field stripped the handgun and found it had been assembled incorrectly. Specifically, the firing pin spring was put in front of the firing pin, which was backward, and made the gun incapable of firing, according to the documents.
Firearms experts then put the gun back together, per Hinckley’s request, in the correct order and test-fired it, finding that it worked, according to the documents.
Crime lab workers photographed the disassembly and reassembly of the gun, according to the documents.
Hinckley swore in the complaint filed that it was “readily capable of lethal use” when it was used in the incident.
The couple’s attorney said it was “disheartening to learn that a law enforcement agency altered evidence in order to prosecute an innocent member of the community.”
So if they did alter evidence to be able to charge them, that’s problematic and if he did swear that it was inoperable when the evidence indicates it may not have been operative, that could also be an issue.
The spokesperson for Gardner told KSDK that they could not comment on an ongoing case.
They may end up being very sorry they started down this road, if this is any indication.