Missouri AG moves to dismiss charges against couple who pointed guns at crowd

[zelmo1234]

I've never heard of a state being both.

https://criminal.findlaw.com/crimina...ound-laws.html

A lot of states have both While Castle Doctrine protects you in your home, business or on your property, Stand your Ground does 2 things it means that you do not have to retreat from a situation and it offers the same protection in public

[Captain Krunch]

Missouri AG moves to dismiss charges against couple who pointed guns at crowd
Bradford Betz

Missouri Attorney General Eric Schmitt on Monday moved to dismiss charges brought by St. Louis’ top prosecutor against a couple who pointed guns at a crowd marching to the mayor’s home last month, Fox News has learned.
St. Louis Circuit Attorney Kim Gardner, the city’s top prosecutor, said Mark and Patricia McCloskey – both personal injury attorneys in their 60s – will be charged with felony unlawful use of a weapon following the June 28 incident.
It is illegal to wave weapons in a threatening manner -- that is unlawful in the city of St. Louis," Gardner said in a statement. She added that she was recommending a diversion program as an alternative to jail if the McCloskeys are convicted. Gardner declined to discuss to why Missouri’s “castle doctrine,” a law that justifies deadly force for those who are defending their homes from intruders, didn’t apply.
Within hours of the ruling, Missouri Attorney General Eric Schmitt filed a brief seeking to dismiss Gardner’s charges against the McCloskeys on the grounds that their Second Amendment rights are being violated
“The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine, which provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm,” Schmitt said in a prepared statement provided to Fox News.
The rest here:
http://www.msn.com/en-us/news/crime/...id=mailsignout

At least the state AG knows about law, as well.........
This will send the graboids over the edge...............

I guess there is still some sanity left in this state government, after all.

The civi war just got postponed again.
Temporarily at least.

That is a good thing for everyone, especially the demoncrats.
To bad they just don't know it.

[stjames1_53]

I guess there is still some sanity left in this state government, after all.

The civi war just got postponed again.
Temporarily at least.

That is a good thing for everyone, especially the demoncrats.
To bad they just don't know it.

It is actually spreading like fire in liberal controlled cities.
This is a well organized event across America. No two kids, who can't add, have the capability to put together these many attacks without some organization behind them.
Remember, children over the past generation have been groomed not to think it through before acting. Critical thinking has disappeared in our youngsters.
My only question is, why don't they have jobs but they can criticize those who do? One should never bite the hand that feeds them, since they cannot feed themselves.

[pragmatic]

the prosecutor who filed the charges was probably one of those "woke" people....
Can't have citizens defending themselves against the true love of the liberal, can we...........

Really don't believe Prosecutor Kim Gardner is "woke" so much as she is just a calculating elected official.

This isn't complex. The democrat primary in St. Louis is on August 4th. Gardner is facing a tough opponent and she (Gardner) has a lot of political baggage/scandal she needs to overcome to win.

There is next to zero chance she would get a conviction against the McCloskeys. But what matters is that the city of St. Louis has a 45% black population. Many of whom are currently fired up and in those streets protesting. Gardner is getting her name in the headlines by filing these charges while dishing out catnip to her target voter audience.

As a political stunt, Gardner is probably playing this pretty smart/clever.

[Peter1469]

I grew up in a Castle Doctrine state. I've been told by cops that if someone breaks into your home, but exits before you shoot them, you'd better drag them back into the house before you call the cops.

Castle Doctrine literally entails the protection of your home. Not your lawn, unless you are being threatened with deadly force. You are certainly allowed to physically defend yourself with your hands if you are merely threatened.

But killing is different, and threatening with a firearm outside the home is illegal.

I have never lived in a Castle Doctrine state so never looked into it.

[Peter1469]

Really don't believe Prosecutor Kim Gardner is "woke" so much as she is just a calculating elected official.

This isn't complex. The democrat primary in St. Louis is on August 4th. Gardner is facing a tough opponent and she (Gardner) has a lot of political baggage/scandal she needs to overcome to win.

There is next to zero chance she would get a conviction against the McCloskeys. But what matters is that the city of St. Louis has a 45% black population. Many of whom are currently fired up and in those streets protesting. Gardner is getting her name in the headlines by filing these charges while dishing out catnip to her target voter audience.

As a political stunt, Gardner is probably playing this pretty smart/clever.

The problem is politics should not mix with prosecutorial power. When you charge someone you swear that there is probable cause that a crime has been committed and that the accused is likely the one that did it.

[John Galt]

https://criminal.findlaw.com/crimina...ound-laws.html

A lot of states have both While Castle Doctrine protects you in your home, business or on your property, Stand your Ground does 2 things it means that you do not have to retreat from a situation and it offers the same protection in public

This link doesn't mention states that have both. It does say that some SYG states do have a duty to retreat, although never in your home. That's essentially what CD states. You can used deadly force in your home.

But most SYG states enacted said law because they don't believe in a duty to retreat. In recent years, we've seen it used successfully, and unsuccessfully in order to murder black people. "I feared for my life" is a common refrain in every SYG case. Sometimes it's an obvious lie, but depending on the jury, it often works in court.

[carolina73]

I grew up in a Castle Doctrine state. I've been told by cops that if someone breaks into your home, but exits before you shoot them, you'd better drag them back into the house before you call the cops.

Castle Doctrine literally entails the protection of your home. Not your lawn, unless you are being threatened with deadly force. You are certainly allowed to physically defend yourself with your hands if you are merely threatened.

But killing is different, and threatening with a firearm outside the home is illegal.

Wrong. In SC if you get out of your car and touch mine with your hand then I can end your life legally right there. I wish I had known that before I pounded on the window of a truck and invited the driver out for a chat. Good thing that he stayed where he was.

Property is also covered under the Castle Doctrine in many states. In SC, that even extends to your vehicle.

In MO it also includes your property. We all don't live in little fruitcake states.

[carolina73]

The good news in this case is that the state's attorney is also going to try to have the charges expunged. Just being charged as a lawyer can jeopardize your ability to practice law.

[Perianne]

And what happens now to Kim Gardner????? She can do anything and get away with it?