(CNN) — A Missouri couple who was seen in a video Viral brandishing pistols in front of protesters outside his mansion now faces formal charges, the St. Louis circuit attorney said Monday.
Patricia and Mark McCloskey face the charge of illegal use of a weapon, a class E felony, according to the complaint.
READ: What we know about the couple who brandished firearms before protesters in St. Louis
“It is illegal to wave weapons in a threatening manner against those who participate in non-violent protests and although we are fortunate that this situation has not become a situation of use of lethal force, this type of conduct is unacceptable in St. Louis,” said the Circuit attorney Kimberly Gardner in a statement.
Missouri Attorney General Eric Schmitt quickly filed a brief in the case to be dismissed, according to a statement from his office, and Governor Mike Parson called the charges “outrageous.”
In videos obtained by CNN, the couple were seen brandishing weapons outside their home in St. Louis as protesters walked outside the mansion in late June.
Schmitt cited the state’s “Castle Doctrine” that gives Missouri residents “broad rights” in the protection of property and is the basis of his request to dismiss the case.
“As the Missouri police chief, I am not going to wait while ignoring Missouri law,” Schmitt said. “That is why I entered this case to seek dismissal, to protect the rights of the people of Missouri to defend their properties under the Missouri Castle Doctrine.”
Parson, in a series of tweets, criticized the charges and said that Gardner’s office “has admitted that there is an accumulation of cases and dozens of homicides that have not been prosecuted, but has accelerated this case,” the tweet said.
“We must prioritize laws that keep our citizens safe from political motivations,” Parson tweeted. “Kim Gardner owes every family who has had a loved one killed an explanation of why she has acted in the McCloskey case instead of hers.”
The decision to press charges was made after an investigation with the St. Louis Police Department, Gardner said.
“As I always do, I am reviewing all available facts and the law and will apply them equally, regardless of the people involved,” he said last week on Twitter.
A lawyer for the couple on Monday expressed disappointment at the charges.
The charges “are discouraging, since I unequivocally believe that no crime was committed,” Joel Schwartz said in a statement.
“I, along with my clients, support the First Amendment right of every citizen to have their voice and opinion heard,” said Schwartz.
“However, this right must be balanced with the Second Amendment and Missouri law, which empowers each of us to protect our home and family from possible threats,” he added.
Mark McCloskey told CNN that he feared the “mob” that day.
“I was a person scared for my life, protecting my wife, my home, my home, my livelihood,” McCloskey told CNN’s Chris Cuomo shortly after the incident. “I was the victim of a mob that came through the door.”
Missouri Governor Mike Parson has said he does not believe the couple should face charges.
“A mob has no right to assault their property or enter their property,” Parson said at a press conference last week. “They had every right to protect themselves.”
“I am open to recommending that the McCloskeys participate in one of my office programs that are designed to reduce unnecessary court participation,” Gardner said Monday. “I think this would serve as a fair resolution to this issue.”
When asked last week if he would forgive the McCloskeys if they were convicted, Parson said, “Of course I would.”
The case caught the president’s attention TrumpParson said last week, adding that he had spoken to the president about it.
CNN’s Raja Razek contributed to this report.
–
