Former McCloskey legal professional fingers over gun sought throughout search warrant | Information Headlines

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Former McCloskey attorney hands over gun sought during search warrant | News Headlines

ST. LOUIS (KMOV.com) — A search warrant was executed Friday evening at the Central West End of Mark and Patricia McCloskey, their attorney told News 4.

The McCloskeys made national news when they pointed guns at protesters from the lawn of their home on Portland Place on June 28. Protesters were marching to Mayor Lyda Krewson’s house. 

Joel Schwartz, who is now representing the McCloskeys, would not comment on whether anything was seized from the home. The pair was previously represented by Al Watkins.

According to Watkins, the search warrant was executed because Circuit Attorney Kim Gardner “sought weapons held by Mr. and Mrs. McCloskey during June 28, 2020 in defense of themselves and their home at time of the march.” The attorney said he had been given possession of the couple’s hand gun so it could be used as an exhibit in court following the incident and that it was not dischargeable.

Watkins said Patricia McCloskey knew the gun was not operable when she pointed it, with her finger on the trigger, at protesters.

“Its the intimidation factor that she could use in the act of self-defense,” Watkins said.

The morning after the search warrant was executed, Watkins said after collaborating with the couple and their defense counsel, handed over the gun to authorities.

“I do know that steps were taken to render it safe and acceptable to use as an exhibit in state and federal court,” said Watkins.

(RELATED: Central West End couple explains why they pointed guns at protesters who demanded Krewson’s resignation)

News 4 previously talked with legal experts on whether the couple could face charges. 

“My initial reaction is it looked pretty threatening, especially what the wife was doing,” explained SLU Law Professor John Ammann.

Ammann said there are many protections for the couple in Missouri, including Stand Your Ground, Castle Doctrine and Open Carry.

(RELATED: McCloskeys say they support BLM and fight for civil rights, but were ‘victim of a mob’)

But Ammann said a key is the manner in which the guns are handled.

“Those protections would not allow you to aim a gun unless there was some threat that someone was coming towards them or attempting to get inside their house,” he explained.

(RELATED: ‘Some of us choose to speak up following the horrific event’: McCloskey neighbors condemn gun-wielding)

Schwartz said whether the whether the handgun operable matters because “the law states it needs to be readily capable of lethal use.”

Schwartz maintains that the McCloskeys had every right to protect themselves and their home from people trespassing on a private street. He says they should not be charged.

Schwartz said he has received over than 100 calls and communications supporting the McCloskeys and also said he has been in communication with the St. Louis Circuit Attorney’s office, who told News 4 they have no comment on the matter.

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