Prosecutor Removed In Case Involving Couple Who Brandished Guns At BLM Protesters

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St. Louis Circuit Attorney Kim Gardner, right, is the city’s first Black circuit court attorney. On Thursday a circuit court judge disqualified her and her staff from prosecuting the case against Mark McCloskey.

St. Louis Post-Dispatch/Tribune News Service via Getty I

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St. Louis Post-Dispatch/Tribune News Service via Getty I

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They were indicted in October on charges of unlawful use of a weapon and tampering with evidence. Both have pleaded not guilty.

The incident was captured on video and has drawn ire from Black Lives Matter supporters and praise from Second Amendment activists. It has also stoked the heated debate over the rights and protections of protesters.

Gardner, who is St. Louis’ first Black circuit court attorney, says the emails referenced the McCloskey case in an effort to defend herself from backlash from conservative politicians and media.

«Kim needs your help to fight back! one campaign email read, according to the AP. She added, she was under «national scrutiny from our divisive President, the Republican establishment of Missouri, and the right-wing media, including Fox News.

But KSDK notes that in his 22-page ruling Thursday, Clark wrote, «Ms. Gardner has every right to rebut criticism, but it appears unnecessary to stigmatize defendant – or even mention him – in campaign solicitations, especially when she purports to be responding to others.

«In fact, the case law and Rules of Professional Conduct prohibit it, Clark added.