McCloskey’s Gun Didn’t Work So A Prosecutor Ordered It Reassembled And Then Declared

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McCloskey’s Gun Didn’t Work So A Prosecutor Ordered It Reassembled And Then Declared It Lethal

The gun Patricia McCloskey waved at protesters was inoperable when it arrived at the St. Louis police crime lab, but a member of Circuit Attorney Kim Gardner’s staff ordered crime lab experts to disassemble and reassemble it and wrote that it was “readily capable of lethal use” in charging documents filed Monday, 5 On Your Side has learned.

In Missouri, police and prosecutors must prove that a weapon is “readily” capable of lethal use when it is used in the type of crime with which the McCloskeys have been charged.

Assistant Circuit Attorney Chris Hinckley ordered crime lab staff members to field strip the handgun and found it had been assembled incorrectly. Specifically, 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 5 On Your Side.

https://hotair.com/archives/john-s-...secutors-ordered-reassembled-declared-lethal/


It should be grounds for dismissing the charges BEFORE it ever gets to trial! And bring the DA, assistant Circuit Atty, and the head of the lab up on tampering with evidence charges NOW.
 
2013 Missouri Revised Statutes
TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 575 Offenses Against the Administration of Justice
Section 575.100 Tampering with physical evidence.

Tampering with physical evidence.

575.100. 1. A person commits the crime of tampering with physical evidence if he:

(1) Alters , destroys, suppresses or conceals any record, document or thing with purpose to impair its verity, legibility or availability in any official proceeding or investigation; or


https://law.justia.com/codes/missouri/2013/title-xxxviii/chapter-575/section-575.100/
 
AProudLefty said:
The point of the demonstration is to show that the weapon can be reassembled to make it lethal. It can be reassembled back to original.

Nothing is destroyed.
Click to expand...

destroyed???? the key word here is alter

575.100. 1. A person commits the crime of tampering with physical evidence if he:

(1) Alters , destroys, suppresses or conceals any record, document or thing with purpose to impair its verity, legibility or availability in any official proceeding or investigation; or

They ""altered"" it from the version it was at the time of the act!
 
AProudLefty said:
The point of the demonstration is to show that the weapon can be reassembled to make it lethal. It can be reassembled back to original.

Nothing is destroyed.
Click to expand...

That the configuration from the way it was found at the scene of the crime so-to-speak was changed would be akin to the lab mixing up chemicals found at a meth lab to actually make product and then present that product as evidence. This is clearly evidence tampering.
 
T. A. Gardner said:
That the configuration from the way it was found at the scene of the crime so-to-speak was changed would be akin to the lab mixing up chemicals found at a meth lab to actually make product and then present that product as evidence. This is clearly evidence tampering.
Click to expand...

No. It can be restored to the original. You can't restore chemicals back to original.

Everyone KNOWS that it was non-lethal. So who is fooled? Certainly not the jury and the defense lawyer.
 
tinfoil said:
Isn't that beside the point? Seriously, put aside our differences and be real
Click to expand...

I am being real. The OP is trying to say that it's illegal since it's "evidence tampering". How can it be "evidence tampering" if it can be reassembled back to original?
And if everyone knows it was non-lethal, then it won't change anything.
 
Question... What does "readily lethal" consist of? Is a firearm that has a magazine but nothing chambered with the safety on "readily lethal?" Is an unloaded firearm "readily lethal?" Is a firearm that has the safety on "readily lethal?"

What does that term mean?
 
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