YouTube ScreenshotA year ago, we discussed that the charges from Mark and Patricia McCloskey of St. Louis following their armed standoff with protesters. I was skeptical of the charges brought by Circuit Attorney Kim Gardner, who was afterwards removed from the case due to ethical issues. The couple has been allowed to plead to two small misdemeanors at the ending of an extremely politicized case.
The fourth-degree assault includes a violation for placing somebody into”reasonable apprehension”:
565.076. Domestic assault in the fourth degree, punishment. — 1 ). A Individual commits the offense of domestic assault in the fourth degree if the action involves a domestic victim, as the term”domestic victim” is defined under section 565.002, and:
(1) The Individual attempts to cause or recklessly causes bodily injury, physical harm, or illness into these domestic victim;
(3) The Individual intentionally places such domestic sufferer in fear of immediate physical harm by any way;
(4) The Individual recklessly engages in conduct which creates a substantial danger of death or serious bodily harm to these domestic victim;
(5) The Individual knowingly causes physical contact with such domestic victim knowing he or She’ll regard the contact as offensive; or
(6) The person knowingly attempts to cause or causes the isolation of these domestic victim by unreasonably and substantially limiting or limiting their access to other persons, telecommunication apparatus or transportation for the purpose of isolation.
2. The offense of domestic assault in the fourth degree is a class A misdemeanor, unless the person has been found guilty of the offense of domestic assault, of any assault offense under this chapter, or of any offense against a domestic victim committed in violation of any county or municipal ordinance in any condition, any state regulation, any other national law, or any military law which if committed within this state two or more times would be a violation of the division, in which case it’s a class E felony. The offenses described in this subsection could be against the identical domestic victim or against different domestic victims.
Notably, they agreed to give up the guns brandished in the confrontation, presumably as tools of this offense. Nevertheless, this would not bar them from buying extra guns including another AR-15.
Gardner spent a huge amount of money and time on this effort to be able to secure these misdemeanors. However, there seems to be little pushback about the over-charging of this bunch and her own questionable conduct for a prosecutor in the case. Meanwhile, the case has made McCloskey popular with several in the state and he’s currently running for the Senate.