St. Louis Couple: Lawbreakers Or Law-Abiding Citizens?

On June 28, 2020, Mark and Patricia McCloskey, a couple based in St. Louis, Missouri, gained national attention after they were filmed brandishing firearms at Black Lives Matter protesters outside their mansion. The incident sparked controversy, with some arguing that the couple was exercising their Second Amendment rights to defend their property, while others criticised them for recklessly pointing weapons and asserting white privilege. The couple claimed they felt threatened by the protesters, who they alleged had trespassed onto their private street. While a law professor stated that the couple did not break the law, citing Missouri's Castle Doctrine, the McCloskeys faced disciplinary charges and were placed on probation by the Missouri Supreme Court. They were also charged with unlawful use of a weapon by the St. Louis Circuit Attorney, though they were later pardoned by Missouri Governor Mike Parson.

Mark and Patricia McCloskey were placed on probation

Mark and Patricia McCloskey, a couple based in St. Louis, Missouri, gained national attention for waving guns at racial injustice protesters outside their mansion in June 2020. The incident occurred during the global protests that followed the death of George Floyd in Minneapolis. The McCloskeys, who are both lawyers, claimed they felt threatened by the protesters who walked onto their private street. Mark McCloskey emerged from his home with an AR-15-style rifle, while Patricia McCloskey waved a semi-automatic pistol. The couple received support from then-President Donald Trump and other Republican conservative leaders.

In the aftermath of the incident, the McCloskeys were charged with "unlawful use of a weapon", a felony. They pleaded guilty to misdemeanors and were fined. Despite receiving pardons from Missouri Governor Mike Parsons, the Missouri Supreme Court placed the McCloskeys' law licenses on probation for one year, with the possibility of suspension if they violate their probation by breaking any more laws. The couple expressed disappointment with the ruling but said they would comply with the order. Mark McCloskey, a Republican candidate for the U.S. Senate in Missouri, attributed the decision to political motivations. The U.S. Supreme Court later declined to hear an appeal from the couple, who sought to overturn the probation of their law licenses.

The case of Mark and Patricia McCloskey highlights the ongoing debate surrounding gun rights, protest laws, and the role of political influence in legal outcomes. The incident and its legal repercussions have sparked discussions about the boundaries of self-defence and the right to bear arms, as well as the implications of political affiliations in shaping legal consequences.

The couple's law licenses were suspended

In June 2020, Mark and Patricia McCloskey, a couple based in St. Louis, Missouri, drew national attention after they were filmed brandishing guns at Black Lives Matter protesters outside their mansion. The demonstrators were en route to protest in front of the home of the then St. Louis Mayor, Lyda Krewson.

The couple, who are both lawyers, were subsequently charged with felonies and pleaded guilty to misdemeanours. They were pardoned by the Governor of Missouri, Mike Parson, in August 2021. However, in February 2022, the Missouri Supreme Court suspended their law licenses and placed them on probation for a year.

The court's decision means that the McCloskeys can continue to practice law, but if they violate their probation by breaking any more laws, their licenses will be suspended indefinitely with no possibility of reinstatement for six months. The probation terms require the McCloskeys to provide quarterly reports detailing any arrests, criminal charges, civil lawsuits, disputes with clients, investigations questioning their fitness to practice law, and additional disciplinary complaints. They must also complete 100 hours of pro bono legal work during their probationary period.

Mark McCloskey, who is running for the U.S. Senate, expressed his disagreement with the court's decision, stating that he did not think the couple had acted with "moral turpitude". He added that he would comply with the terms of his probation but was considering taking the case to the U.S. Supreme Court.

The Missouri Supreme Court's ruling

The Missouri Supreme Court placed Mark and Patricia McCloskey, the St. Louis couple who gained national attention for waving guns at racial injustice protesters, on probation as attorneys. The court suspended the law licenses of the couple but delayed the suspension and put them on probation for a year. This means that the McCloskeys can still practice law, but if they violate their probation by breaking any more laws, the suspension will take effect.

Mark McCloskey expressed his disappointment with the ruling but was happy that the court chose probation instead of suspension. He said that he and his wife would comply with the order but that he plans to consult his attorney about the possibility of taking the case to the U.S. Supreme Court. He also stated that he felt the request for suspension was politically motivated.

The Missouri Chief Disciplinary Counsel, Alan Pratzel, had previously sought the suspension of the McCloskeys' law licenses, citing their guilty pleas to misdemeanors arising from the June 2020 incident with protesters. Pratzel's office is responsible for investigating ethical complaints against Missouri lawyers. The judges agreed with Pratzel's motion, stating that the couple "committed a misdemeanor offense involving moral turpitude" and should be disciplined.

The McCloskeys had pleaded guilty to misdemeanor charges, with Mark McCloskey pleading guilty to fourth-degree assault and Patricia McCloskey pleading guilty to harassment. They were pardoned by Missouri Governor Mike Parson. Despite the pardon, the Missouri Supreme Court's ruling means that the McCloskeys' law licenses will be suspended if they violate their probation.

The couple's defence

The McCloskeys' Defence

Mark and Patricia McCloskey, the St. Louis couple who gained national attention for brandishing guns at racial injustice protesters, have asserted that they did not break any laws and were instead acting in self-defence. They claim that their actions were justified given the context of violent riots and protests in the wake of the police killing of George Floyd in Minneapolis. The couple has cited Missouri's Castle Doctrine, which allows people to use force to defend their homes and land, as well as the fact that the incident took place on a private street that they collectively owned with their neighbours.

The McCloskeys have stated that they felt threatened by the protesters, who they claim walked onto their private street, destroyed a wrought iron gate, and massed in front of their home. They contend that the protesters were engaged in criminal rioting under Missouri law and that they were within their rights to protect their lives, home, and property by displaying firearms. Additionally, they have argued that the pistol Patricia McCloskey waved at protesters was non-operational, indicating that she had no intention of using it.

The couple has received support from several conservative politicians, including former President Donald Trump, who have denounced the decision to charge them. Missouri Governor Mike Parson pardoned the McCloskeys, and Missouri's Attorney General Eric Schmitt filed a legal brief in support of dismissing the case, arguing that prosecuting them violates their right to bear arms and defend their property.

In response to a complaint filed by Missouri's chief disciplinary counsel, Alan Pratzel, seeking to suspend their law licenses, the McCloskeys submitted a 38-page response detailing their defence. They argued that the protesters engaged in unlawful and violent conduct, with a report by the Major Cities Chiefs Association finding that nearly 89% of protests in St. Louis in June 2020 involved unlawful activity. They also highlighted the emotional distress caused by the incident, stating that Patricia McCloskey is still deeply affected by the event.

The McCloskeys' defence has been supported by a constitutional law professor, Anders Walker, who agrees that the couple did not break the law. He cited Missouri's Castle Doctrine and the fact that the encounter occurred on a private street, making the protesters the ones breaking the law by trespassing. However, St. Louis Circuit Attorney Kim Gardner disagreed, stating that she would use Missouri law to hold individuals accountable and protect the right to peaceful protest.

The protesters' actions

The actions of the protesters have been the subject of much debate, with some arguing that they were engaged in peaceful protest and civil disobedience, while others have accused them of trespassing and unlawful behaviour.

On June 28, 2020, a group of several hundred Black Lives Matter protesters converged at the intersection of Kingshighway in St. Louis, Missouri. The protesters were demonstrating against the killing of George Floyd in Minneapolis and were also upset about a specific incident involving the city's mayor, Lyda Krewson. Two days earlier, Krewson had read aloud the names and addresses of protesters who were calling for the defunding of the St. Louis Metropolitan Police Department, which some took as an attempt at intimidation.

The protesters then marched towards Krewson's home, turning onto a private street called Portland Place, where Mark and Patricia McCloskey lived. Portland Place is blocked by imposing stone and wrought iron gates, with signs indicating that it is private property. The McCloskeys claim that the protesters smashed down the gate, while others, including freelance photographer Daniel Shular, stated that the gate was intact and unlocked when the first protesters walked through.

According to the McCloskeys, they were sitting on their patio, barefoot, eating dinner with their adult daughter when the protesters trespassed onto their street. They claim that the protesters shouted death, rape, and arson threats, causing them to fear for their lives and property. However, video evidence and eyewitness accounts suggest that the protesters remained on the sidewalks and in the roadway, and did not cross onto the McCloskeys' property.

The protesters denied that they were armed or had made any threats, and accused the McCloskeys of asserting their white privilege and engaging in intimidation tactics. They also pointed out that Portland Place is private property owned by a trust, and not public property as the McCloskeys had claimed.

The encounter lasted approximately 12 minutes, after which the protesters exited Portland Place and continued their march towards Mayor Krewson's home.

Legal analysts and a constitutional law professor, Anders Walker, have argued that the protesters were indeed trespassing and breaking the law by entering the private street. Walker cited Missouri's Castle Doctrine, which allows people to use force to defend their homes and land, as justification for the McCloskeys' actions. However, St. Louis Circuit Attorney Kim Gardner disagreed, stating that she would use Missouri law to "hold individuals accountable" and protect the right to peaceful protest.

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