A warrant was issued Friday (July 10) evening. Authorities reportedly confiscated the AR-15 Mr. McCloskey was seen waving at demonstrators who were marching towards St. Louis Mayor Lyda Krewson’s home to demand her resignation.
The gun Mrs. McCloskey was seen wielding with her finger on the trigger was previously in the possession of their now former attorney, Albert S. Watkins. He handed the firearm over to St. Louis detectives Saturday (July 11).
According to NBC 5 On Your Side, attorney Joel Schwartz will now represent the couple.
St. Louis Chief Prosecutor Kimberly Gardner initiated an investigation into the couple days after the incident went viral for possible criminal charges.
“I am alarmed at the events that occurred over the weekend, where peaceful protestors were met by guns,” St. Louis Chief Prosecutor Gardner, wrote on Twitter. “We must protect the right to peacefully protest, and any attempt to chill it through intimidation or threat of deadly force will not be tolerated.”
As protesters walked towards Mayor Krewson’s home to demand she step down from her position after publicly revealing the name and addresses of residents in support of defunding the police, the pair came barefoot outside their mansion brandishing their guns and threatening protestors.
Following the incident, the husband and wife filed a police report with the St. Louis Metropolitan Police Department where they are listed as “victims.” According to the documents, the McCloskey’s claimed they were “threatened.”
“Once through the gate, the victims advised the group that they were on a private street and trespassing and told them to leave,” the report reads. “The group began yelling obscenities and threats of harm to both victims. When the victims observed multiple subjects who were armed, they then armed themselves and contacted police.”
However, eyewitness videos appear to show that the pair was already armed before activists reached their side of the Central West End neighborhood.
In Missouri, brandishing “any weapon readily capable of lethal use in an angry or threatening manner” is unlawful and can be punishable with a Class D felony, up to four years of imprisonment and a $5,000 fine.
However, the state’s “Castle Doctrine,” a self-defense law, allows homeowners to use deadly force against intruders on their property.
The McCloskey’s, who are both personal injury lawyers, have yet to be charged with a crime for their actions that took place on June 23.