The attorney for a couple who brandished firearms at protesters on their property filed a motion to dismiss charges brought by the St. Louis Circuit Attorney’s Office.
Attorney Joel Schwartz, who is representing Mark and Patricia McCloskey, accused St. Louis Circuit Attorney Kim Gardner on Wednesday of a partisan campaign against the husband and wife after it was revealed that she sent campaign emails stating that the couple had “pointed guns at peaceful citizens.”
“Here, a reasonable person with access to all the facts would find that there was at least the appearance of impropriety, in that Ms. Gardner’s decision may have been affected by her personal, political, financial, and professional interests, and that her neutrality, judgement, and ability to administer the law in an objective manner may have been compromised,” the filing stated.
Schwartz’s filing included exhibits of Gardner’s reelection emails, which told her supporters that they “might be familiar with” the McCloskeys before attempting to smear the two by linking them to President Trump and Gov. Mike Parson, who each defended the couple’s right to protect their property.
“You might be familiar with the story of the couple who brandished guns during a peaceful protest outside of their mansion,” one of Gardner’s email said. “Instead of fighting for the millions of Americans affected by the pandemic, including 31,000 Missourians, President Trump and the Governor are fighting for the two who pointed guns at peaceful citizens during the Black Lives Matter protests.”
Gardner’s emails included a link to a donation page that read in part that she would “hold those accountable who are perpetuating a system of police brutality.”
A date for the motion to dismiss has yet to be set, but the McCloskeys are expected to appear in court for the first time on Aug. 31.
