McCloskeys Framed to Push Democrats' Anti-Gun Agenda, Report Shows
Patricia McCloskey's gun inoperable when taken by police, reassembled later to make lethal
The pro-Second Amendment McCloskey couple was seemingly framed for firearms abuses to push the Democrats' anti-gun agenda, according to reports.
The gun brandished by Patricia McCloskey when leftist mobs descended on their home was inoperable when it was confiscated by authorities, St. Louis police crime lab documents show.
However, a member of Democratic Circuit Attorney Kim Gardner's staff ordered crime lab experts to disassemble the inoperable weapon and reassemble it to make it "lethal" before reporting that it was “readily capable of lethal use,” bombshell documents filed this week show.
In Missouri, when a firearm is used in the type of crime with which the McCloskeys have been charged, police and prosecutors must prove that a weapon is “readily” capable of lethal use.
Assistant Circuit Attorney Chris Hinckley ordered crime lab staff members to field strip the handgun and found it had been assembled incorrectly.
The McCloskeys, both attorneys, had argued that the gun was just a prob they had disarmed to use in court for a previous case.
Upon inspection, the crime lab found, specifically, that the firing pin spring was put in front of the firing pin, which was backward, and made the gun incapable of firing, according to documents obtained by St. Louis-based KSDK.
Firearms experts then put the gun back together in the correct order and test-fired it, finding that it worked, according to the documents.
Patricia McCloskey and her husband Mark were then charged with a felony count of unlawful use of a weapon.
The document obtained by KSDK stated:
The firearm could not be test fired as submitted.
At the request of ACA (Assistant Circuit Attorney) Chris Hinckley, the firearm was field stripped and found to have been assembled incorrectly.
The firing pin spring was placed in front of the firing pin, which was backwards, and will not fire in this condition.
The firearm was reassembled properly, test fired and functioned as designed.
The document also stated that the disassembly and reassembly of the gun were photographed.
“Patricia McCloskey and her husband Mark McCloskey have said the handgun Patricia McCloskey waved at protesters was inoperable because they had used it as a prop during a lawsuit they once filed against a manufacturer,” KSDK reported
"In order to bring it into a courtroom, they made it inoperable."
“There is no reference to the operating condition of the gun in the probable cause statement police wrote on the case,” KSDK added.
"The only reference to it is contained in the charging document with Hinckley’s name on it."
As The Washington Post notes, “Missouri law defines felony unlawful use of a weapon as when a person ‘exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner.’”
The McCloskey’s attorney, Joel Schwartz, accused Gardner's office of tampering with evidence to frame the couple.
“It’s disheartening to learn that a law enforcement agency altered evidence in order to prosecute an innocent member of the community," Schwartz stated.
After the charges were filed against his clients, Schwartz said he “unequivocally believe[s] no crime was committed.”
The McCloskeys “support the First Amendment right of every citizen to have their voice and opinion heard," he added.
"This right, however, must be balanced with the Second Amendment and Missouri law, which entitle each of us to protect our home and family from potential threats.”
On Monday, Missouri Attorney General Eric Schmitt filed a brief to dismiss the charges against the McCloskeys.
"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," he told Fox News.
"Despite this, Circuit Attorney Gardner filed suit against the McCloskeys, who, according to published reports, were defending their property and safety.
"As Missouri’s Chief law enforcement officer, I won’t stand by while Missouri law is being ignored."