Mccloskey's Legal Battle: Did They Cross The Line?

In June 2020, Mark and Patricia McCloskey, both personal injury lawyers, gained national attention after they brandished firearms at Black Lives Matter protesters who walked past their house in St. Louis, Missouri. The couple claimed they felt threatened by the protesters who walked onto their private street. The incident sparked debate about whether the McCloskeys were protected under Missouri's castle doctrine law, which allows residents to defend their homes. The local prosecutor investigated and charged the couple with unlawful use of a weapon, a felony. The McCloskeys pleaded guilty to misdemeanors and were pardoned by the governor of Missouri. However, their actions had consequences for their professional lives, with the Missouri Supreme Court suspending their law licenses, although the suspension was stayed while they serve a year of probation.

Did the protesters break through the gate?

On June 28, 2020, a group of Black Lives Matter protesters entered the private Portland Place neighbourhood in St. Louis, intending to join a larger body of 500 marchers at the home of St. Louis Mayor Lyda Krewson. The protesters were demonstrating against an incident two days prior in which Krewson had publicly read the names and addresses of locals who had written to demand defunding of the St. Louis Metropolitan Police Department.

There are conflicting accounts of what happened next. Mark McCloskey, a personal injury lawyer, claimed that protesters "smashed through the historic wrought iron gates of Portland Place, destroying them" and that he and his wife Patricia "were all alone facing an angry mob". He told the media that the protesters "rushed towards my home... put us in fear for our lives".

However, video evidence and eyewitness accounts contradict McCloskey's statement. A livestreamed video shows protesters entering the community by walking through an intact gate that a man was holding open. Freelance photographer and journalism student Daniel Shular, who said he watched the entire incident unfold over the course of 10 minutes, confirmed that the gate was unlocked and undamaged when the first marchers entered. A later video shows the right side of the gate bent, but it is unclear who caused the damage or when it occurred.

Most legal analysts agree that the protesters were trespassing when they entered Portland Place. However, it is important to note that the street is private property owned by a trust, with signs prohibiting anyone but residents from entering, and residents pay for its management and upkeep.

The McCloskeys' actions have sparked debate about whether they were protected under Missouri's "castle doctrine" law, which generally allows a person to defend their homes. While Missouri has an expansive "castle law" that permits a resident to use physical force to defend themselves, legal experts argue that the law "does not allow deadly force to be used to merely defend private property (excepting the home itself)".

Were the McCloskeys within their rights?

Mark and Patricia McCloskey gained notoriety after videos of them brandishing firearms at Black Lives Matter protesters outside their St. Louis mansion went viral. The couple claimed they were within their rights to do so, citing Missouri's 'castle doctrine' law, which allows residents to use physical force if they reasonably believe it is necessary to defend themselves or their property.

However, legal experts have disputed this, arguing that Missouri's law "does not allow deadly force to be used to merely defend private property (excepting the home itself)". While the McCloskeys' property may have been trespassed on, there is no evidence that the protesters entered their home, and video evidence suggests that the protesters remained on the street outside the McCloskeys' property.

The McCloskeys also claimed that they felt threatened by the protesters, who they said were armed and had made death threats. However, there is no evidence that any of the protesters were armed, and it is unclear whether any explicit death threats were made.

As a result of their actions, the McCloskeys were charged with "unlawful use of a weapon", a class E felony. They pleaded guilty to misdemeanours and were fined, before being pardoned by the governor of Missouri. The incident sparked a debate about the right to peaceful protest and the use of force to defend private property.

Were the protesters armed?

There is conflicting information about whether the protesters were armed. Mark McCloskey told the media that people in the crowd in front of his house were armed with guns and that the police had video evidence of this. He said:

> We saw the weapons at the time.

He also accused one protester of showing loaded magazines and telling him:

> You're next.

However, a prosecutor said in 2021 that there was no evidence that the protesters had weapons. Mark McCloskey himself told an interviewer that the threats against him and his wife were made "probably after we got the guns".

A police incident report said that the McCloskeys "observed multiple subjects who were armed". However, it is unclear whether this statement was based on the McCloskeys' claims or on independent evidence.

Protesters have said that no one on their side drew a weapon.

Did the McCloskeys threaten protesters?

On June 28, 2020, Mark and Patricia McCloskey, both personal-injury lawyers, confronted a group of Black Lives Matter protesters walking past their house on a private street in St. Louis, Missouri. The couple brandished firearms at the protesters, with Mark holding a rifle and Patricia holding a handgun.

Video evidence of the incident shows the McCloskeys yelling, "Get out!" and "Private property!" at the protesters. While the exact words exchanged between the two sides are unclear, some protesters were heard asking others to leave and move on, while others were heard threatening the McCloskeys. Mark McCloskey later claimed that some protesters made death threats, but there is no evidence to support this claim.

The McCloskeys' actions have been interpreted as threatening by some, while others view them as a justified defence of their property. The couple claimed that they felt threatened by the protesters and that their lives were in danger. They also stated that the protesters were armed, but there is no evidence to support this claim, and no shots were fired during the incident.

In the aftermath of the incident, the McCloskeys were charged with unlawful use of a weapon, a class E felony. They pleaded guilty to misdemeanours and were fined. They were later pardoned by Missouri Governor Mike Parson, but their actions and the subsequent legal proceedings sparked debates about the interpretation of Missouri's "castle doctrine" law, which allows residents to defend their homes.

Did the McCloskeys break any laws?

On June 28, 2020, Mark and Patricia McCloskey, both personal injury lawyers, gained national attention after they brandished firearms at Black Lives Matter protesters who walked past their house on a private street. The couple claimed they felt threatened by the protesters who walked onto their private street. However, protesters claimed they entered through an unlocked gate, which was being held open.

The couple was initially charged with unlawful use of a weapon, a class E felony. They pleaded guilty to misdemeanours, with Mark McCloskey pleading guilty to fourth-degree assault and Patricia McCloskey pleading guilty to harassment. They were pardoned by Missouri Governor Mike Parson and fined a combined $3,000.

In February 2022, the Missouri Supreme Court suspended the McCloskeys' law licenses indefinitely but stayed the suspension, imposing one year of probation instead. The judges agreed that the couple "committed a misdemeanour offence involving moral turpitude" and should be disciplined.

While the McCloskeys' actions sparked debate about whether they were protected under Missouri's "castle doctrine" law, which allows a person to defend their homes, legal analysts agree that the protesters were trespassing when they entered Portland Place.

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