St Louis Couple Served, AR confiscated

With the state AG seeking to have the charges dropped and the state Governor in the background, using the word "pardon" as a possible, even a judge who personally agrees with the city prosecutor has to consider the kind of fool they will be seen to be if they allow the case to proceed.

Possible the court will quash the charges.

Possible the court will not, and allow the case to proceed, because of a belief it has merit.

Also possible the court could allow the case to proceed with the expectation that the City Attorney will LOSE, and this foolishness become part of her permanent political record. Also possible that even if she wins the judgement against the homeowners they could be pardoned, again showing the City Attorney's poor judgement.

I also note the charges are FELONY level. I think this also could make a difference. Felony charges, (no matter if the sentence is jail, community service or some "educational counseling") is not a slap on the wrist thing.
Felony conviction, no matter the actual sentence imposed, means loss of firearms rights, at the least.

I think, even some people who agree that "pointing guns" without clear justification is an offense, that in this case, felony charges are too much. Seems a bit vindictive....

As I predicted earlier, it seems a lot of people are seeing this as "threatened homeowners vs. mob" and that by defending themselves with a show of arms, (and nothing more) that the homeowners didn't do anything seriously wrong.

Also, this is St Louis, not NYC, Boston, LA or Chicago, and what might be met with public approval in those places night not go over so well in Missouri. :rolleyes:

eagerly awaiting the "next episode" of this drama...:D
 
Correct me if I'm wrong but doesn't a felony conviction automatically result in disbarment hearings for an attorney in most states? If my understanding is true then the DA is seeking to cancel both of them and destroy their livelihoods.
 
I don’t know what a “circuit attorney” is in St. Louis. It seems equivalent to a county/city DA. If a DA picks a fight with a wealthy plaintiff’s lawyer, they’ll lose about 80% of the time.

The DA here has a bunch of Soros cash and leverage to use; but the plaintiff’s lawyer has all his own resources, plus a Governor and State Attorney General. It should be a good fight; but the odds aren’t in the prosecutor’s favor.
 
Well, here's a disgusting update:
https://www.ksdk.com/article/news/local/gardner-staffer-ordered-crime-lab-to-reassemble-patricia-mccloskeys-gun/63-be112149-d06c-4f54-a225-6545e74b5c2d?utm_campaign=snd-autopilot
ST. LOUIS — The gun Patricia McCloskey waved at protesters was inoperable when it arrived at the St. Louis police crime lab, but crime lab experts reassembled 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.
Click to expand...


[edit] isn't this called 'tampering with evidence?
 
OK, so further thoughts on this development:

At first I was rather freaked out that a police crime lab would do this. But then I realized what happened is that the prosecutor ordered the lab to do that, and they followed orders, but someone in the lab documented what they had done and went to the press.

So, at least they publicized what was done.
 
I believe the reasoning here is that while the pistol was inoperative when "obtained" by the police, having the crime lab "prove" it was readily restorable to functional condition would support the argument that it WAS a functional firearm at the time of the incident, and was rendered inoperable before being surrendered to the police.

Its smoke and mirrors....

However, there are laws where what might be possible is a crime, when what actually exists is not. Loaded firearm in a vehicle is one of those. Some places take the reasonable approach that if there is no ammunition in the gun, it is not loaded. Other places have in law that having ammunition with the gun, but not in it, = loaded gun.

Another example is the law about silencers. That one is written so it is the intent to silence the gun is the crime, and whether the silencer device actually works, or not doesn't matter.

I'll let the fine folks in Missouri decide what their laws mean, and not worry about "puff pieces" the media reports so they have something to report on.
 
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