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Mark McCloskey, left, faces a felony charge of unlawful use of a weapon. The judge has said the office of Circuit Attorney Kim Gardner cannot prosecute the case against him.
A judge ruled earlier this month that St. Louis Circuit Attorney Kimberly Gardner can’t prosecute one of the attorneys who infamously brandished a gun at protesters this summer.
Gardner’s initial prosecution made headlines around the world and made the attorneys, Mark and Patricia McCloskey, public figures. They even made an appearance at the Republican National Convention.
But now their prosecution is in doubt. The fact that Gardner cited the case against Mark and Patricia McCloskey in two fundraising emails, wrote Circuit Judge Thomas Clark II in Mark McCloskey’s case, could give the appearance that she brought the criminal prosecution “for political purposes.” Clark also barred other prosecutors in Gardner’s office from taking the case.