Details of Political Pressure to Persecute McCloskeys in St. Louis, Gate Details

The Charge Against St. Louis Couple for Defending their Home
The Charge Against St. Louis Couple for Defending their Home

U.S.A.-(AmmoLand.com)- Christine Byers of KSDK in Missouri has uncovered evidence of prosecutorial misconduct by St. Louis Circuit Attorney Kim Gardner's office. Kim is one of the radical prosecutors who has been elected with money from George Soros linked radical leftist “Justice & Public Safety” political action committee.

Gardner has drawn national attention with her decision to prosecute a St Louis couple for defending their home against an angry mob of Black Lives Matter agitators.

The document obtained by 5 On Your Side (KDSK) show pressure was applied by Gardner's office to structure the police report, so as to alter the evidence to justify a warrant, and then, criminal charges.

Gardner's Assistant Circuit Attorney, Chis Hinckley, had pushed the lead investigator, Sgt. Curtis Burgdorf, into signing a charging document that Hinckley wrote.

Burgdorf was unwilling to sign onto a document he disagreed with, but finally signed off, after revisions, under the political pressure from Hinckley. Here are the findings by KDSK:

Hinckley also wrote the document the lead detective did sign, known as the probable cause statement.
But it went through at least two revisions after Burgdorf outlined 14 concerns he had about the document, 5 On Your Side has learned.
Among those concerns:

  • Hinckley characterized the protest as “peaceful and organized” and that it was “calling attention to racial inequities in the criminal justice system.” Burgdorf wrote that the evidence he gathered showed the protest was to call for the resignation of Mayor Lyda Krewson. The final document called it “a protest march.”
  • Hinckley wrote that Patricia McCloskey’s was “armed with a semi-automatic handgun.” Burgdorf wrote the phrase should read, “What appears to be a semi-automatic handgun.” Hinckley responded, in part, “You cannot be serious with this one. Again, this is really problematic.” Ultimately, the document read: “What was later determined to be a semi-automatic handgun.”
  • Hinckley called Mark McCloskey’s gun an “assault” rifle. Burgdorf called the word “assault” a propaganda term. Hinckley disagreed, but it was left out of the final document. Hinckley wrote that the protesters passed through an “open gate” onto private property. Burgdorf said he didn’t know whether the gate guarding the private street was open when protesters went through it, but that, at some point, it was damaged. Hinckley responded: “Your points here are really problematic. It seems to go beyond oversight and into purposeful ignorance. I suggest you very quickly re-assess this evidence.” Ultimately the document Burgdorf signed reads, “protesters walked through a gate.”
  • Hinckley wrote that Mark McCloskey’s gun was “visibly loaded with an ammunition clip.” Burgdorf wrote that he would have to verify that detail because it wasn’t mentioned in his report or interviews with them. Hinckley wrote back “Seriously??!!” Ultimately, the document did not include the phrase Hinckley wrote.
  • Hinckley wrote that both victims, identified only by their initials, “feared that the defendant might fire her weapon due to her finger being on the trigger and her highly agitated demeanor.” Burgdorf wrote that the term “angrily” was subjective and he didn’t like it. Hinckley wrote, “It’s a fact and an element of the offense.” The final document did not include the word “angrily”.

Hinckley is reportedly the official who, when the pistol brandished by Patricia McCloskey was found to be non-functional by the forensic lab, ordered the pistol to be made functional when it was put back together, by the lab.

Detective Sgt. Burgdorf has continued to investigate the case. He was able to discover recorded evidence of threats by people in the mob of agitators, toward the McCloskeys.


“You own a business. Your business is gone.”
“We coming back baby.”
“You ain’t the only (expletive) with a gun.”
“They coming back to your house.”

Sgt Burgdorf discovered additional significant evidence. On a recording from the event, one of the leaders of the mob makes this disclosure:

In another livestream video, Burgdorf wrote a man was heard saying, “I was in front so I was the one who opened the gate. The gate was broken after they pulled a gun. What law did we break? We keep guns there but not for show though. Not to look a certain way, but for use. If they would’ve shot then they would’ve been put down.”

Both the threat and the information is damning. The man admits the gate was closed. There is video of the gate showing it was closed.

Screenshot from Youtube video. The gate has just been opened. The left side is now open about a foot. Cropped, scaled and lettering by Dean Weingarten

In the video, you can see a masked agitator going up to the gate. It appears he has some sort of tool, perhaps a jimmy bar of some kind. He is partially obscured by the crowd. Someone to the left of the gate is working with him, and pulls open the left side of the gate, shortly after he arrives.

It seems the gate was spring loaded, probably with a spring latch that could not be legitimately opened from the street side. The easiest way to jimmy it would be from the right side. Only the left side of the gate was opened.

The person who pulled the left side of the gate open after the latch was defeated, held the gate open for others to enter. This implies the gate was spring loaded with a bias toward closure.

Link to video

The first person through the gate and the person in the sport coat appear to be members of the leadership. The mob would probably not have gone through the gate, without their lead. They appear to have a plan, and execute the plan.

Image of gate being held open, showing what is likely a spring latch and the guard plate, where the thumb of the person holding it open is. Spring latches are the easiest to jimmy.  Screen shot from video, cropped and scaled by Dean Weingarten

On the recording, the agitator leader asks, rhetorically “What law did we break?”

There are four obvious ones:

  • Trespassing.
  • Disturbing the peace.
  • Private peace disturbance
  • Criminal threats of violence.

Other laws that seem likely to have been violated:

  • Criminal conspiracy
  • Deprivation of Constitutional rights

The gate was severely damaged as the mob left.

Screenshot of damaged gate in St. Louis from Fox, Tucker Carlson show. Cropped and scaled by Dean Weingarten

Why was the gate damaged on the way out? Looking at the gate, notice the side which was opened has been pulled inward ( on the right from the inside). It is meant to open outward. The broken side was never opened at all. It was just broken and bent inward.

Some informed speculation:

It seems likely, when the mob had all gone inside, the springs on the gate closed the left hand side (viewed from the street) and the lock latched. The inside appears to be keyed. It may not have a lever to open it.

When the McCloskeys defended their property, the mob rapidly retreated back the way they had come.

The last in were the first out. They found themselves trapped by the locked gate. The man with the jimmy was probably not there to open it, so the mob just broke it, with many hands pulling on it.

We have not seen any video of the gate being broken.

Testimony about this is important. It would show the gate was locked when the mob arrived. The latch did not lock itself, after the mob was let into the private street by the ringleaders.

The evidence is likely to show the gate was locked. There is video evidence it was closed when the mob arrived. That contradicts assistant prosecutor Hinckley's assertion the gate was open.

If the gate was locked, it becomes clear the mob were trespassers, not “peaceful protestors”. Most of the mob were being used by the leadership. The gate lock was defeated very quickly, shielded for the most part from the mob, as it was done. With a little practice, such a jimmy is faster than using a key.

Investigators in St. Louis can easily confirm if the gate is/was spring-loaded, and if it was locked with a spring latch.

It is unlikely any but a few of the leadership knew the route which was planned for the event.

Mobs are easy to lead around. Everyone follows those in front. A small cadre of activists direct the mob on where to go.

The leadership knew radical prosecutor Kim Gardner could be counted on not to prosecute them.

She prosecuted the McCloskeys, no matter what the facts.

Prosecutors are shielded from nearly all lawsuits by absolute immunity created by the Supreme Court in 1983.

There are means to remove prosecutors who abuse their power. It is very difficult to remove an elected prosecutor by anyone but the voters.

Prosecutors have enormous power and absolute immunity. It is a weak point in the system of ordered liberty in the United States.

The far left is exploiting that vulnerability. The Supreme Court removed many checks and balances when they gave prosecutors absolute immunity. The left is using that power against the democratic system. They don't have a further plan.

Their plan has devolved into one goal: tear down the system.


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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Get Out
Get Out
2 months ago

These protestors marched on the Mayors house, Mayor Lyda Krewson as well. They need to ask her if she would have been in fear for her life, but then she was escorted home by a LE escort around 11pm.

Oldmarine
Oldmarine
2 months ago

Kim Gardner’ needs to be charged with Adding and Abetting a criminal committing a felony and violating Constitutional Rights.
His actions could also be seen as illegal threatening citizens without using legal laws. The Constitution says you can defend your life and property, so any action against the couple is Violating the Constitution rights and a crime also. Not only is the DA breaking the law but also shows recrimination against the couple, makes a good law suit. The videos make good evidence.

Get Out
Get Out
3 months ago

IMOA the mobs are going to feel empowered and become more aggressive. The McCloskey charges are BS and appear to put others on notice not to interfere with their “mostly peaceable demonstrations”.

Finnky
Finnky
3 months ago
Reply to  Get Out

@Get Out – Along with more reluctance to engage in self defense, this is probably the most important outcome of this persecution.

JudgeGarry
JudgeGarry
3 months ago

Thank you for an excellent and educational article Dean, I’m fairly amazed at the number of “#Patriots” who are true activists, who haven’t been aware of just how long, or just how widespread #TeamSoros’ activities and highly organized programs using NGOs and 501C(3) dark money to install “Progressive Prosecutors” has been. Actually, IMHO, It’s fair to say the vast majority of any who are opposed to the #NeoMarxist Democrats fail miserably by underestimating just how dangerous, organized, well funded, embedded into our bureaucracy and govt, allied within every media by powerful #Technoligarchs, etc, etc, and how this affects the #LibertyMovement.… Read more »

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Last edited 3 months ago by JudgeGarry
Oldmarine
Oldmarine
2 months ago
Reply to  JudgeGarry

Maybe someone will introduce Soros to GOD.

Z
Z
3 months ago

Social injustice starts with the abuse of power prosecutors that act out of abuse towards our constitutional rights

SHTF Sam
SHTF Sam
3 months ago

This article has great info. I’m from near St. Louis and have been following this story closely, so I’m glad to see some meat on this post. I did want to comment on the gate issue. If you look on Google Maps you can find the McCloskey’s house easily at the intersection of Kingshighway and Portland Place. Their house is the first one on the north side of PP. Zoom down to street view and you can see it from outside the gate. This gives you a sense of how close they were to the people jimmying through the gate.… Read more »

Bob
Bob
2 months ago

I can’t take pictures since I’m in South Florida but my son repaired the gate. From the picture he just sent me, it appears as though he repaired the original gate and installed a fence in front of it to preclude people from entering the area again.

Buster
Buster
3 months ago

Looking at that photograph – specifically the woman’s handling of the firearm – we should all be thankful there was no negligent discharge.

gregs
gregs
3 months ago
Reply to  Buster

luckily, according to the lab, the pistol was not able to be fired when she was carrying it. they tried and found it was incorrectly assembled. they couldn’t fire it, then correctly assembled it so it could.

Stone
Stone
3 months ago

They entered a fenced private property, through a closed gate. The gate was locked to allow only residents to enter. That should be Trespassing. They were asked to leave (by the MCkluskys), they did not, that is now defiantly Trespassing. The gate was broken during the commission of these crimes, which I believe makes it Criminal Trespassing. Some members of the mob were reported to have firearms, which are not legal to have on someone else’s property without the owner giving consent. Another illegal thing to do. How many crimes does a person have to commit before he police get… Read more »

TNJEWBOY
TNJEWBOY
3 months ago

PS.
KSDK is an NBC affiliate.

https://en.m.wikipedia.org/wiki/KSDK

If you think corporate america is on our side of the Bill of Rights.
I have a bridge to sell you.

WTF else is going on??

Random71
Random71
3 months ago
Reply to  TNJEWBOY

A bridge you say? Does it go too far? It will look great on my oceanfront in Nebraska…. Seriously though the mainstream media has been blatantly lying since atleast Gulf war 1, with their gas masks on the soundstage for CNN with potted palms in the background because they were in “Saudi Arabia”… My local affiliates are horrible with lies. Nothing like watching marked and credentialed press and reporters with large marked cameras getting pepper sprayed live. Only to read later that “No that didnt happen to our journalists….” even though they were the only journalists there or “No that… Read more »

Oldmarine
Oldmarine
2 months ago
Reply to  Random71

The Media has become public TRASH and anyone associated with it is the dumpsters.

TNJEWBOY
TNJEWBOY
3 months ago

Gardner needs to be removed from office and disbarred.

Now why does the Collectivist Elitist Scum establishment (remember this TV station is owned by a large corporation) want you to see this? What is going on behind the scenes.

Say, where was the outrage when that white kid was assassinated by the Montgomery County, MD police?

BTW the Chief of Police in Montgomery County Maryland is black.

What about an investigation??

gregs
gregs
3 months ago
Reply to  TNJEWBOY

there are a number of ways to remove someone from office. some legal and some not.

Oldmarine
Oldmarine
2 months ago
Reply to  gregs

I agree, they are supposed to be Servants of the people NOT rulers.

Core
Core
3 months ago

This is a clear abuse of powers and politically motivated smear campaign in addition to harassment of these two victims. #ArticleVI #MAGA2020

MICHAEL J
MICHAEL J
3 months ago

A weak point of the system? This is a major defect when your accusers can literally get away with legalized murder.

JoseyWales
JoseyWales
3 months ago

Every firearm owner and advocate for the Constitution should pay close attention to this case. Clearly the McCloskey’s were exercising their Constitutional rights. The reported prosecutorial process surrounding this case is an example of a tyrannical local government.

Camotim
Camotim
3 months ago

Gardner needs to be sent to GITMO.

TNJEWBOY
TNJEWBOY
3 months ago
Reply to  Camotim

Removal, along with any so called “public official” that received money from SOROS.

Does Kim Foxx ring a bell?

Degforyou
Degforyou
3 months ago
Reply to  Camotim

Correction, need to be hung by the neck till dead. That’s what our rights say.

Justista
Justista
3 months ago

Eric Greitens is just an inch away from seeing Gardner brought to justice. It’s just a matter of time.

TNJEWBOY
TNJEWBOY
3 months ago
Reply to  Justista

I’m still waiting for Hitlery to be charged in over 60 murders in Arkansas.

JSStryker
JSStryker
3 months ago
Reply to  Justista

One problem Greitens is no longer the governor, hasn’t been for several years, the media and Soros backed people ganged up on him and forced him to resign. Parsons is now the governor.

uncle dudley
uncle dudley
3 months ago

Why didn’t the police respond when called that day, it wasn’t talked about in the story.
This is nothing but a liberal democrat prosecutor violating her oath and deflecting all the crime in St. Louis that she doesn’t prosecute when presented to her office.

Capn Dad
Capn Dad
3 months ago

Burgdorf is a prime example of how police will break their constitutional oaths and betray citizens in order to keep their jobs. Getting fired was the obvious pressure the communist prosecutor brought against the cop. The police cannot and in more likelihood will not protect the citizens in the coming confiscation war.

TNJEWBOY
TNJEWBOY
3 months ago
Reply to  Capn Dad

Sell stocks, go long on ammo.

gregs
gregs
3 months ago
Reply to  Capn Dad

a good cop would have told them, “what i wrote is the truth and i will not change it”.

Finnky
Finnky
3 months ago
Reply to  gregs

@Gregs – Did you read the same discussion I did? She asked for drastic changes and got only minor changes – which could be seen as misleading, but he refused to outright lie. While specifics of her requests were extreme, in many ways it sounds like fairly typical negotiation over a shared document. Know I’ve had to push back on changes my bosses have requested when their “clarification” efforts change the meaning. Perhaps more concerning than this instance is how often this type of rewrite occurs with prosecutors across the country. In this case detective mostly pushed back, but surely… Read more »

nrringlee
nrringlee
3 months ago

Progressives are shocked when the bad consequences of their emotion driven public policy come home to roots. This is one such case. I have no sympathy for those who have sided with their own persecutors over the many years. This is one such case. They have enabled the corrupt Progressive New Left types now running the District Attorney Office. Learn to live with it.

Deplorable Bill
Deplorable Bill
3 months ago

What the A.G. is doing is illegal to the point of TYRANNY. She and her kind of like minded people are going to FORCE AMERICA INTO CIVIL WAR. Make note of their looks, names, addresses, phone numbers, email accounts etc. It will come in handy when justice returns to America. The days of putting up with tyranical government workers, elected or not, are coming to an end. I hope to the LORD that justice will not have to come from the people — as in the French revolution but I have my doubts. There was a kid in Texas a… Read more »

Ansel Hazen
Ansel Hazen
3 months ago

DB, the mob has the right perspective when they wack someone and say “it’s nothing personal, it’s just business”.

No civil war. Just getting this country back on track.

Vern
Vern
3 months ago
Reply to  Ansel Hazen

No mob, ever, put anything back on track. They want war but they don’t want to be known as the ones who started it.

Ansel Hazen
Ansel Hazen
3 months ago
Reply to  Vern

I would ask, how did our Founding fathers appear to the British 244 years ago?

I’ll not apologize for being a Patriot.

Vern
Vern
3 months ago
Reply to  Ansel Hazen

The mob back then, did not have communist leaders. The mob back then did not willfully destroy innocent peoples property nor steal peoples goods because that was the underlying reason they were there. Nor did they kill innocent people and call it breaking eggs. They were trying to get the kings attention because he was taxing them for no reason other than his own wealth being built up for it. The king was very similar to the democrats of today. The mob back then was fired on by the kings men, people today aren’t shooting at the king today because… Read more »

Deplorable Bill
Deplorable Bill
3 months ago
Reply to  Vern

Amen.

Arm up, carry on.

Deplorable Bill
Deplorable Bill
3 months ago
Reply to  Ansel Hazen

What you are doing and saying it not patriotic sir and you should be ashamed of yourself. Read for yourself the declaration of indepence, the constitution, the bill of rights, the amendments and the BIBLE and you will know what patriotism truely is and WHY our forefathers did what had to be done. Visit Arlington and see the price that some had to pay to ensure your RIGHTS AND FREEDOMS. What THEY did is patriotic sir. America is not perfect, never has been, never will be but, you will not find another nation that comes close to what we have… Read more »

Oldmarine
Oldmarine
2 months ago
Reply to  Ansel Hazen

There are Reasons and THEN there are Reasons. Some opinions are more important than others when it comes to attacking and usually have results.

TNJEWBOY
TNJEWBOY
3 months ago
Reply to  Ansel Hazen

Watch those hearings in DC.

Whenever a lot of shit is going on these politicians have a solution.

Increase the size, cost, reach and power of government.

In other words pressure from below.
Legislation which strips the freedom and liberty from above.

Oldmarine
Oldmarine
2 months ago
Reply to  TNJEWBOY

The servants want to rule.

Deplorable Bill
Deplorable Bill
3 months ago
Reply to  Ansel Hazen

Maybe you could explain what you mean because it sounds like you are for the mob. If the mob was righteous they wouldn’t be destroying private property, threatening, intimidating, assaulting or killing cops or innocent people. We have a right to demonstrate PEACEABLY and I will stand up for anyone who PEACEABLY assembles but what the mob is doing is wrong, illegal and sooner or later they are going to try their crap on someone who will stand their ground and protect the innocent. Some my friends and family are asmatic so pepper spray can and would likely be deadly… Read more »

Oldmarine
Oldmarine
2 months ago
Reply to  Ansel Hazen

A wack deserves two wacks back.
Natural law.

Oldmarine
Oldmarine
2 months ago

I agree except for one thing. The defense must be greater than the attack or it is not a defense. Equally powered defense is a gamble not a defense. Proven in combat.

Vern
Vern
3 months ago

Those who stand with the left in their effort to take down and destroy this country are standing with the supporters of the one world order. The agenda of the OWO is to bring down the population of the world to less than 1 billion people. That means the agenda of the left in the end will give everyone the odds of being a survivor at one in eight billion. Those doing everything they can to disarm the American people don’t even have the knowledge that they are also going to be a victim of those OWO people. They think… Read more »

nrringlee
nrringlee
3 months ago
Reply to  Vern

McKloskys are the exact kind of people you are talking about. Dyed in the wool progressives.

Vern
Vern
3 months ago
Reply to  nrringlee

They were the ones trying to protect their property, not the ones trying to destroy it. That doesn’t spell progressive to me. I can see I left out a word in my last sentence above.
It was to read; “If the left wins, the American people lose.”

JudgeGarry
JudgeGarry
3 months ago
Reply to  nrringlee

Kind of people they WERE, time changed that. They started donating to Republican candidates a few years ago…

Scorpio
Scorpio
3 months ago

I beg to differ, Dean. Prosecutors do not have absolute immunity, elected or not. Prosecutorial Misconduct, just ask Mike Nifong of Duke Lacross fame.

Finnky
Finnky
3 months ago

@Dean – Linked article certainly tells a dark tale. The dishonesty and self serving nature inherent in our legal system is downright terrifying. Certainly lends credence to politician’s words when they discuss imposing laws which would make me an instant felon… Clearly they are not bound by morals, compassion or even sense. Last time I listened biden & co were discussing laws which would subject me to mandatory minimum penalties of centuries in federal penitentiary. Yes centuries! Talk about nothing left to lose. I personally am not a threat to them, but hard to imagine the chaos and violence such… Read more »

Oldmarine
Oldmarine
2 months ago
Reply to  Finnky

There will be NO justice as long as the only punishment is the Crossbar Hotel with all expenses paid.
The punishment should fit the crime.

Bob
Bob
2 months ago
Reply to  Oldmarine

I do believe that in their mind, the crossbar hotel is not the only “punishment” available. To paraphrase the Bible, the wages of defiance is death.

TNJEWBOY
TNJEWBOY
3 months ago

Look at my comment after the picture of the snake

JudgeGarry
JudgeGarry
3 months ago

Bingo! Give that man a Kewpie doll…

Get Out
Get Out
3 months ago

Looks like the facts are going to make out that St. Louis Circuit Attorney Kim Gardner to be a liar by trying to manipulate the evidence. Since she’s protected and can’t be sued can McCloskey sue the city instead?

JIAZ
JIAZ
3 months ago

District Attorneys and County Prosecutors are “elected officials”. They’re “politicians”, with law degrees, pursuing political careers. Political ideology, not justice, motivates most if not all.

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Vern
Vern
3 months ago
Reply to  JIAZ

Those relying on Soro’s money to get elected are in all reality, “slaves,” of very evil people.

Random71
Random71
3 months ago
Reply to  JIAZ

You know what work great for snakes in the grass?
Napalm.

TNJEWBOY
TNJEWBOY
3 months ago
Reply to  JIAZ

They all want to rise higher and higher.
They all want to satisfy their appetites and ambitions.
They will make any deal regardless of the consequences.

Start looking into the “Battle of Athens, TN.”

My late friend, Aaron Zellman kept this story alive.

Hey Dean, I hope you read this.

Oldmarine
Oldmarine
2 months ago
Reply to  JIAZ

AND SERVANTS OF THE PEOPLE