The McCloskeys were back in the news this week after a grand jury indicted the couple on felony charges.
Mark and Patricia McCloskey now face charges for unlawful use of a weapon and tampering with evidence.
Details about how the grand jury landed on those charges remains unclear as the indictments were filed under seal Tuesday.
“I’ll certainly be interested in what was presented to the grand jury,” said Joel Schwartz, an attorney representing the McCloskeys. Schwartz added that he plans to request a transcript of the proceedings since he wasn’t allowed to be present.
Mark McCloskey slammed the City Counselor’s Office for not pursuing charges against the trespassers and vandals (an iron gate was destroyed) who appeared outside the couple’s home in July.
“The government chooses to persecute us for doing no more than exercising our right to defend ourselves, our home, our property and our family and now we’re getting drug here time after time after time and for what?” said McCloskey.
“We didn’t fire a shot,” he continued. “People were violently protesting in front of our house and screaming death threats and threats of rape and threats of arson. Nobody gets charged but we get charged.”
City Counselor Michael Garvin had summoned nine people in connection to the protest for trespassing. However, on Sept. 29, Gavin announced that he would not pursue charges against those individuals.
Whether the charges stick in the short term is immaterial as the McCloskeys have the support of both Missouri Attorney General Eric, who has filed a motion to dismiss the case, and Gov. Mike Parson, who has vowed to pardon the couple if they are convicted.
Still, many view it as a matter of principle. Supporters believe the McCloskeys acted within the purview of state law and the Constitution when they confronted trespassers with an AR-15 and a non-operating pistol outside their home in St. Louis last July.
One additional wrinkle to the state’s case is that according to Al Watkins, another attorney representing the duo, prosecutors allegedly fixed the handgun held by Patricia McCloskey so that it could fire off a round.
Why prosecutors would tamper with evidence is unclear. But Watkins was miffed.
“This is b——t,” Watkins told Fox News. “Hate to say it, but the state has a lot of problems with this one. And they transcend not just the evidence, but they actually are remarkably problematic from the standpoint of prosecutorial misconduct.”