Prosecutor or Persecutor? Gardner Appeals for Power to Prosecute McCloskeys

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)- On Sunday, 28 June, 2020, the property of a married couple of Saint Louis lawyers was invaded by a screaming, unruly mob. Under Missouri law, the couple had a right to defend themselves and their home. From a previous article on AmmoLand:

Section 563.031 specifically allows the use of deadly force, not just showing a weapon, against people who have entered private property unlawfully. In order to be justified, the person using the force must reasonably believe such force to be necessary to defend themselves or a third person from the unlawful use of force.

(3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of using protective force under this section.

Far-left St. Louis Circuit Attorney (prosecutor) Kimberly Gardner, started demonizing the couple which had dared to defend themselves against her political allies. She threatened prosecution. She referenced the case in her political literature, using inflammatory language.

After the McCloskeys, through their attorney, objected, she and her office were removed from the case under Missouri law.

Ordinarily, the slap on the wrist would be enough. Most prosecutors would simply allow another prosecutor to work the case.

Not Kimberly Gardner.  She used the resources of her office to claim she was the victim, so as to preserve her power to prosecute/persecute the McCloskeys. She appealed her removal from the case to the Missouri Court of appeals. The Court of appeals upheld the lower court. From washingtonxaminer.com:

The Missouri Court of Appeals struck down Gardner’s plea Wednesday, siding against her claim that she should not have been disqualified from the case by Circuit Judge Michael Stelzer in December.

The prosecutor was removed from the McCloskey case after it was determined she raised the appearance of initiating a “criminal prosecution for political purposes” following reports that she used the charges to circulate fundraising emails for her reelection bid, Circuit Judge Thomas Clark said at the time.

Circuit Attorney Kimberly Gardner has been embroiled in a series of controversial, political cases.

In a previous case against Gardner, the appeals court upheld a lower court ruling against her in Gardner v. Carmody.

CONCLUSION

Based on the foregoing, we affirm the trial court’s grant of judgment on the pleadings in favor of Gerard T. Carmody on Gardner’s petition in quo warranto.

Gardner prosecuted Governor Greitens in a case rife with politics. Her conduct in the case remains under investigation.

In January of 2020, Gardner sued St. Louis City for Civil Rights violations. The lawsuit was dismissed on 30 September, 2020. From wikipedia:

The judge wrote that: wrote: “Her 32-page complaint can best be described as a conglomeration of unrelated claims and conclusory statements supported by very few facts, which do not plead any recognizable cause of action” and continued that “Gardner presents no specific material facts, circumstantial or otherwise, to show that defendants acted with each other for the purpose of depriving her – or anyone else – of a constitutional right to equal protection. Her complaint is nothing more than a compilation of personal slights – none of which rise to a legal cause of action.”[39]  Judge Ross is a federal judge for the United States District Court for the Eastern District of Missouri. He was nominated by President Barack Obama in December 2010.

Kimberly Gardner will now appeal to the Missouri Supreme Court in an attempt to hold on to the power to prosecute the McCloskys.  From msn.com:

The appeals court rejected Gardner’s challenge on Wednesday. 

Gardner now needs the Missouri Supreme Court to reinstate her office to the case.

A spokesperson for Gardner says her office will appeal the latest decision.

Kimberly Gardner won the election and has kept her office with substantial donations from far-left political organizations, funded in part by George Soros.

In 2020, Saint Louis had a record-high homicide rate. Kimberly Gardner has been accused of failing to issue charges in the majority of felony arrests made by police. From stltoday.com:

Of the 68 homicide cases police sent to the Circuit Attorney Kim Gardner’s office for prosecution, far fewer have actually gone to court and resulted in convictions — bolstering the message of impunity to criminals. The year started off with Hayden accusing Gardner of failing to issue charges in the majority of felony arrests made by police. Gardner sued the city and the police union, alleging a racist conspiracy against her.

State prosecutor’s offices have limited resources. Kimberly Gardner appears to believe the priority of her resource use should be to reclaim the power to prosecute people for political reasons rather than to preserve order and the rule of law.

Kimberly Gardner was re-elected on 3 November 2020 with 74% of the vote. Saint Louis City consistently votes in the upper 70’s Democrat.


About 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.

Dean Weingarten

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The Collector
The Collector
4 months ago

Being Born and Raised in St. Louis Co. and having been a 30 year Investigator who spent a many a time in the “Shithole” known as North St. Louis….I can hardly feel sympathy for St. Louis residents. I spent over 25 years WARNING EVERYONE I could of what was happening. That THEY HAVE TO STOP allowing the criminal black and liberal female politicians from Infiltrating the decision making offices such as Judges, Prosecutors, Mayors, Police Chiefs, etc.. I WARNED them all that handing these positions to those who have no other agenda than to destroy White America…I was LAUGHED at.… Read more »

Dave in Fairfax
Editor
Dave in Fairfax
4 months ago
Reply to  The Collector

TC,

Just out of curiosity, what is your issue with women. You jumped from Liberal to all very quickly and then went into a WHITE MEN rant.

Ej harbet
Ej harbet
4 months ago

Shes one of the reasons i fervently Hope the next new madrid quake relocates the loo to illinois

Divino Vocamen
Divino Vocamen
4 months ago

The McCloskey’s lawyers may be looking at a civil action against Gardner ( and maybe even Soros after some discovery ) under 42 USC 1983 ( “Every person who under color …of any statute causes … to be subjected … any citizen … to the deprivation of any rights , privileges or immunities secured by the Constitution and laws ..” which should include Second Amendment and State laws regarding self defense and the Castle Doctrine to start ) ….Also …it does seem like the State Prosecutors should be looking at Gardner ( and maybe then Soros ) as an “accessory… Read more »

uncle dudley
uncle dudley
4 months ago

Gardner has stated that a large group of police officers cases will not be prosecuted because she believes the officers are not to be trusted with their charging documents and she will not call them as a witness in any case.
I don’t see how St. Louis will be able to attract new officers as long as this rogue prosecutor is in office.

NYS Patriot
NYS Patriot
4 months ago

Sad when a procescutor would spend so much taxpayer and
political capitol to prosecute the law abiding citizens, and be derelict in prosecution of criminals. How do people get away with this B/S ? If you want to be a political activist, then quit your job, and be one. You serve no one except yourself.

RoyD
RoyD
4 months ago

“She used the resources of her office to claim she was the victim, so as to preserve her power to prosecute/persecute the McCloskeys.”

Of course she was. They always are.

And in the rare case that they’re not, they then become a pariah from the “group.”

hippybiker
hippybiker
4 months ago

Another blatant case of the ugly Snakehead of affirmative action grant to someone who would willfully use her racial status for political attacks!

StLPro2A
StLPro2A
4 months ago

“KImberly Gardner was re-elected on 3 November 2020 with 74% of the vote. Saint Louis City consistently votes in the upper 70’s Democrat.”
That largely summarizes the St. Louis Government Plantation Dwellers….er, constituents.

swmft
swmft
4 months ago

an ar does not shoot fast enough need an auto 12 gauge or m14 or m16 bar or any usvsmiller weapons usefull to a militia too bad noone pointed out trench guns WERE short barreled pump and simi auto (some full auto )shotguns full auto short 12 gauge no thanks Ill stick withe simi auto for that ouch

Kaiserworks
Kaiserworks
4 months ago

Remember these injustices. When the breakup of the FUSA occurs, you can implement the types of laws that you want to live under (hopefully you already live or have moved to a conservative locale, right?). Only property owners can vote could be one. unquestionable castle doctrine to extent of property line. Violation of these laws by prosecutors or LE is an offense punishable by 5 years penal labor. No state welfare benefits can be another, no public official can hold office without 10 years of regular church attendance with sworn affidavit by congregation members… me thinks, any 2 of these… Read more »

swmft
swmft
4 months ago
Reply to  Kaiserworks

not keen about the 10 years church bit some of the worst offenders go for fear that they are going to hell without a little help rather than do right ask forgiveness and keep doing wrong biden perfect example

WhiteRose
WhiteRose
4 months ago

It is a sad reality that the real issue is the population of citizenry that elect and re-elect these individuals repeatedly. When Sycotic behavior is rewarded with re-election we get what we deserve. The remedy is to relocate to a more friendly demographic. It reminds me of what my experience has been in California. My wife and I on vacation were traveling through Santa Barbara, walking their main street and considering a dinner place; however, the foul aromatic of urine caused us to leave and have dinner near San Luis Obispo. Shockingly and sadly, they re-elect the same local Council… Read more »

Finnky
Finnky
4 months ago
Reply to  WhiteRose

– Fleeing the decay is beneficial for those leaving, but also means we are surrendering major metropolitan areas. This means we lose the vote in those areas, which eventually leads to losing the state to idiotic governance. Eventually (election of 2020?) idiots will achieve total control of national government. Not a pretty picture.

Dave in Fairfax
Editor
Dave in Fairfax
4 months ago
Reply to  Finnky

Finnky,

I agree that the result is the rule by cities of the states, and by extension the country. I don’t see that as being something that is something that can be nullified, just fought against. As long as people are willing to be bought off with the promises of politicians, and the non-productive make a living by breeding, the result is inevitable. The end result is in question. If you have cities surrounded by hostile areas, then logistics become an issue for them. The lines can be kept open by armed force, but that makes things even more fraught.

swmft
swmft
4 months ago

they have to buy imported arms the conservatives will stop selling to the we are in control people and it is starting to happen now, the ammo shortage was set up by obummer move the copper and led smelters out of the country epa (killed Gary Indiana) no import of hazardous,or toxic materials without epa permit ta da gun control without taking guns

JSNMGC
JSNMGC
4 months ago
Reply to  swmft

The ammo shortage is not due to copper and lead availability.

WhiteRose
WhiteRose
4 months ago
Reply to  Finnky

Leaving a cancerous environment is not surrendering an area that is vital because by definition cancer is a condition of collapse, a complete separation from a healthy terrain. The example I suggest is akin to be challenged at a traffic light by an enraged person. Better to keep your window up, find an easement out, and leave with the knowledge that you just saved a life by disengaging. To remain in a collapsing environment requires that you expend great effort to maintain your safety and security. These are the times that are begging the issue of where does one stand… Read more »

Autsin Miller III
Autsin Miller III
4 months ago
Reply to  WhiteRose

I think you are exactly right Whiterose.It appears to me that what will eventually happen will be Balkanization of the US, with people moving into geographical areas that promote the social agenda that agrees with their beliefs. Then the cross border fight starts. That is assuming there is enough of each side to create those divides. I am not convinced that we are not a dying group though. It is one thing to run out and buy a gun and a box of ammo when you are scared, it is another to believe in the second amendment as a right… Read more »

swmft
swmft
4 months ago

there are a lot who say from my cold dead hands few who mean it 3% same as the revolutionary war

Rowboat
Rowboat
4 months ago

And the list of petty tyrants gets longer and longer. She will be remembered. Tyranny has consequences.

musicman44mag
musicman44mag
4 months ago

I can’t stand the race card. It was constantly used in the kommiefornia DMV at the drop of the hat. The minute you went for any disciplinary action or even a warning on someone of color and you were white you were a racist. Everyone that was white was a racist. They even tried pulling it on white women that were married to black men. LOL. POS kommiefornia and their racists demonrat ways in state government. I know why government is so slow and stupid. The demonrats rule and hire their relatives even though nepotism is against the rules. They… Read more »

Matt in Oklahoma
Matt in Oklahoma
4 months ago

This couple stood scared her and all those like her. It’s not only political it’s fear driven now fueled by anger and embarrassment. The fight rages on

Mack
Mack
4 months ago

The enemy within.

Get Out
Get Out
4 months ago

IMOA, they only wanted to prosecute these people for defending themselves and as a warning to everyone else if you defend yourself and property from a mob you’ll be punished.

Ronnie
Ronnie
4 months ago
Reply to  Get Out

Exactly !!! This is So WRONG !!! And these Gun Hating Politicians need to BE Prosecuted for NOT PROTECTING OUR CONSTITUTION That THEY THEMSELVES TAKE AN “OATH TO “!!!!!!!

musicman44mag
musicman44mag
4 months ago
Reply to  Ronnie

I feel the same way and I read on a daily basis where others do to but when is it finally going to happen. When is the left going to get their just reward using legal actions against them? Sure as hell aren’t any demonrats from the obummer administration. They all piss in your face and walk off because they know they are protected. When and how are we going make things fair in Amerigone and not have a two tier system.

musicman44mag
musicman44mag
4 months ago
Reply to  Get Out

Just like the Rittenhouse that defended himself against the attackers with skate boards etc. They don’t want us defending ourselves if the peaceful protest is for their cause. If any of the people were not white in either of these cases, the charges would have already been dismissed and we might of heard about it on the news but I doubt it. On the other hand, if they weren’t white and they made the same charges as they have against these folks protecting themselves, we would have more riots because of the illegal racist activities of the man trying to… Read more »

WI Patriot
WI Patriot
4 months ago

Just proves it all about “power”…

Ronnie
Ronnie
4 months ago
Reply to  WI Patriot

yep + $$$$

chocopot
chocopot
4 months ago
Reply to  WI Patriot

The motto of the Left since the time of The French Revolution: Power and control, at any price, at any cost. The body count during just the 20th Century due to the Left’s insatiable quest for power and control was more than 100 million. And as far as they are concerned, that was not enough.

JSNMGC
JSNMGC
4 months ago
Reply to  chocopot

And they get into power by promising to take from one group and give to another through various mechanisms (like price controls).

chocopot
chocopot
4 months ago
Reply to  JSNMGC

They also get there by lying.

JSNMGC
JSNMGC
4 months ago
Reply to  chocopot

Yes, you shouldn’t lie.