The Missouri Supreme Court refused St. Louis Circuit Attorney Kim Gardner’s request to stay on Mark and Patricia McCloskey’s case.
The state Supreme Court denied Gardner’s writ without explanation. She was removed as a prosecutor after the couple’s lawyer successfully argued that she used the case for political benefit by citing it in campaign fundraising emails.
Gardner took her case to the Missouri Eastern District Appeals Court, which dismissed her motion and then to the state Supreme Court, which upheld the ruling.
After video of the McCloskeys standing their ground in front of their Missouri home and pointing weapons at Black Lives Matter protesters and rioters who trespassed their property went viral on June 28, they received widespread support from conservative politicians, including President Donald Trump. The couple was charged with both brandishing guns and evidence tampering. If they are found guilty, Missouri Governor Mike Parson has said that he will pardon them.
Speaking with Tucker Carlson on “Tucker Carlson Tonight,” on Tuesday, June 30, Mark defended his and his wife’s actions.
“My wife and I were preparing to have dinner, maybe 70 feet from the gate,” McCloskey, 63, said. “By the time we looked up and we saw the marchers coming down Kings Highway and getting loud, we looked over the gate and there’s no police there. Our private security wasn’t there. Nobody’s there.”
The group of protesters approached their house, and the couple feared for their safety.
“People start coming in. And then a flood of people start coming in,” Mark said. “They are angry, they’re screaming, they’ve got spittle coming out of their mouth they’re coming toward the house …”
“I turned to my wife and I said, ‘Oh my God, we’re absolutely alone. There is nobody here to protect us.'”
According to their attorney Albert Watkins, the couple has been supporters of civil rights for a long time and supports the Black Lives Matter message.
They armed themselves with an AR-15 and a handgun only when two or three of the mob, who were white, not black, threatened them and their property. Mark had realized they were in a vulnerable situation after seeing no security outside and no police.
With guns in hand, the couple stood resolutely on the front porch and were later shown in a video that went viral on Twitter with millions of views.
In February, former US Attorney Richard Callahan was named as the special prosecutor in the case by St. Louis Circuit Judge Steven Ohmer. He now has exclusive authority over the case’s outcome.