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

[T. A. Gardner]

Thanks for the correction. Do you understand the use of deadly force? Intent? Brandishing? Even if Patricia knew the gun was inoperable, others didn't. They could have feared for their lives.

The problem for the DA here is getting anyone into the courtroom as a witness. She'd have to find people that were among the protesters to do that. Then she'd have to vet them to ensure they aren't losers, don't have a record particularly one with a violent crime in it, and make sure they are coherent on the stand. That's a tall order in this case.
The DA can't claim the mob was in fear for their safety. That amounts to hearsay. She can't show video of that. That might work if the mob had fled in terror, but they didn't. They engaged the McCloskey's in an argument and shouting match. They calmly walked by.
The DA doesn't have much to work with from the "feared for my life" angle.

 

[Sailor]

My bet is Ken and Barbie go to trial. They have the cash to do it. They have top shelf representation. They're lawyers so they know the game. The DA is looking at an expensive and time consuming jury trial with a doubtful outcome. It's more likely she'll cut and run to save her career rather than risk a high publicity potential loss in court over this. All that needs to happen for this outcome is the MSM quietly drops the story so Gardner's ass is covered.

I have my doubts if the DA is that smart.

 

[LV426]

But wait -

If the gun wasn't operational, what would be the purpose of brandishing it at people protesting?

 

[Cancel 2020.2]

Do you? All of those things depend on the specific details of a given situation as to whether or not they are illegal. You can't just consider the definition of the terms in a vacuum.



Tough shit for them. They shouldn't have been tromping around in front of her house acting in a loud, aggressive and threatening manner.



Show us where she "ran at" anyone "pointing a gun" at a particular individual.

She was standing in her front yard with her husband pointing an inoperable gun in the general direction of the protesters telling them to stay away.

Had you done what you described, you'd be receiving all your future birthday and Christmas cards in prison for the next 20 years or so.

No Nads strikes again!

 

[T. A. Gardner]

I have my doubts if the DA is that smart.

True. She could be a political animal and just like a rabid dog, not give a $h!+ about that. That will be a costly loss however just as it was for the DA in Baltimore in the Freddy Grey cases.

 

[ExpressLane]

Thanks for the correction. Do you understand the use of deadly force? Intent? Brandishing? Even if Patricia knew the gun was inoperable, others didn't. They could have feared for their lives.

If I was on the sidewalk and a crazy woman ran at me pointing a gun at me, causing me to be in fear of my life, I'd be well within my rights to draw my .45 S&W and stop her with one through the chest. Does it really matter if her gun was loaded or not? Operable or not?

Yes it matters under Missouri law.

 

[Sailor]

True. She could be a political animal and just like a rabid dog, not give a $h!+ about that. That will be a costly loss however just as it was for the DA in Baltimore in the Freddy Grey cases.

You hit the nail on the head as usual.

 

[In the Night]

Charged for what?

It's not the DA. It's the Attorney General. Tampering of evidence. Treason against the State of Missouri, and violation of the civil rights of a U.S. citizen and a citizen of the State of Missouri.

 

[In the Night]

LOL. How is it tampering with evidence if everyone knows what they did?

Everyone knows they tampered with evidence. Doesn't change anything.

 

[Rusty Bell 65]

So?

There have also been "countless instances" of thugs breaking into homes and stealing the guns of irresponsible idiots who for whatever reason, laziness, thoughtlessness, too cheap to spend money on a safe, etc, then using the stolen gun to commit violent crimes against others with.

There have also been "countless instances" of thugs breaking into homes then finding the gun and using it on the homeowners when they come back.

There have also been "countless instances"of accidental gunshot deaths in homes because of improperly stored guns.

So what, if anything, was your point?

I think that on the whole, when privately owned guns are used against or fired at other people, it is more often for criminal purposes than for self defense.

Conclusion: You shouldn't think.

 

[Nomad]

Conclusion: You shouldn't think.

Conclusion: You can't think.

 

[AProudLefty]

Doesn't change anything.

Correct. It doesn't change anything.

 

[AProudLefty]

It's not the DA. It's the Attorney General. Tampering of evidence. Treason against the State of Missouri, and violation of the civil rights of a U.S. citizen and a citizen of the State of Missouri.

Do you honestly think they don't know that?

 

[Rusty Bell 65]

Conclusion: You can't think.

 

[AProudLefty]

Yes it matters under Missouri law.

Correct.

 

[AProudLefty]

Maybe them showing they had firearms was a deterrent from the mob entering and destroying their property.
The mere showing of a firearm has stopped many crimes from occurring without firing a shot. That is a fact.

Yep. Had they displayed the firearms, they wouldn't have been in this mess.

 

[Rusty Bell 65]

Yep. Had they displayed the firearms, they wouldn't have been in this mess.

Why? Did they fire?

 

[AProudLefty]

Why? Did they fire?

Nope. They were not charged for discharging a firearm.

 

[Rusty Bell 65]

Nope. They were not charged for discharging a firearm.

It will be thrown out. Period.

 

[AProudLefty]

It will be thrown out. Period.

I doubt it. The statute is clear. But the governor said he would pardon them. So it's moot.