A St. Louis prosecutor has lost an appeal to allow her to prosecute the McCloskeys, who pointed weapons at a group of demonstrators, as reported by Fox News.
A Missouri appeals court again denied St. Louis Circuit Attorney Kimberly M. Gardner’s appeal to rescind an order that prevented her and her office from prosecuting Mark McCloskey, Fox News reported. The order was also previously extended to Patricia McCloskey, Mark’s wife, according to Fox News. (RELATED: St. Louis Prosecutor Kim Gardner Can’t Prosecute Gun-Wielding Mark McCloskey, Judge Affirms)
Gardner took issue with the extension to encompass both McCloskeys in her appeal as well, Fox News reported.
St. Louis Circuit Attorney Kim Gardner said she’ll appeal her removal from the McCloskeys’ prosecution for pointing guns at protesters last summer again: https://t.co/lesGeTNUbF
— 41 Action News (@41actionnews) January 20, 2021
The appeal may now head to the Missouri Supreme Court, since Gardner’s office has confirmed it will appeal the recent decision again, according to Fox News. If the lower court’s decision is upheld, a special prosecutor could be appointed in the McCloskeys’ prosecution, Fox News claimed.
Gardner was removed from the case when the McCloskeys’ attorney argued Gardner was politically exploiting the prosecution of the couple. During Gardner’s campaign in the Democratic primary, Gardner targeted the McCloskeys in a number of fundraising emails.
Mark, 64, and Patricia, 61, pleaded not guilty to weapons and evidence tampering charges in October from the well-publicized incident in June involving the couple and their firearms and demonstrators in their private neighborhood.