Nine charged during ‘Black Lives Matter’ demonstration near McCloskey home in St. Louis won’t be prosecuted

Nine people who faced misdemeanor trespassing charges after they were confronted by an armed husband and wife during a “Black Lives Matter” protest unfolding outside the couple’s St. Louis home earlier this month will not be prosecuted.

Deputy City Counselor Michael Garvin in a statement to the St. Louis Dispatch on Tuesday said that “prosecution is not warranted” in the case and that the charges would be refused. It comes after an investigation by municipal prosecutors, which included interviews and a review of video of the June incident.

Demonstrators demanding systemic change following the officer-involved deaths of Breonna Taylor and George Floyd marched by Mark and Patricia McCloskey’s residence ― located on a private street in St. Louis — on their way to Mayor Lyda Krewson’s home. They’d been calling for her resignation at the time.

The McCloskeys told officers protesters broke down a gate at the neighborhood’s entrance to gain access to the street, prompting them to take action. Lawyers for the group have denied this, saying the gate was already open.

According to a probable cause statement, 63-year-old Mark McCloskey emerged from the couple’s mansion with an AR-15 semiautomatic rifle, while his 61-year-old wife Patricia followed him out with a handgun.

No shots were fired during the now-viral incident, but the couple have been seized on by conservative Republicans and gun rights advocates alike. They even made an appearance at the Republican National Convention over the summer.

While homeowners in Missouri are allowed to use lethal force to defend their residences, both the McCloskeys were charged in July for unlawful use of a weapon. The move drew the ire of President Trump as well as Missouri Gov. Mike Parson, who said he would pardon the couple should they be convicted.

The McCloskeys' lawyer, Joel Schwartz, noted Tuesday that just because charges were dropped does not mean protesters were not trespassing.

“It was clearly trespassing and the McCloskeys were clearly within their rights to do what they did,” he said.

With News Wire Services