Indictments show St. Louis prosecutors allege McCloskeys altered gun to ‘obstruct’ prosecution

October 9, 2020

Prosecutors allege Mark and Patricia McCloskey altered the pistol she pointed at protesters, according to court documents obtained exclusively by 5 On Your Side

ST. LOUIS — Mark and Patricia McCloskey altered the pistol she pointed at protesters during a now-infamous confrontation in front of their Central West End home to “impair and obstruct” her prosecution, prosecutors alleged in court documents obtained exclusively by 5 On Your Side.

Prosecutors with Circuit Attorney Kim Gardner’s office made the allegation against the couple in grand jury indictments.

Prosecutors allege Mark and Patricia McCloskey “altered a Bryco Arms semi-automatic pistol with the purpose to impair its verity in the investigation of an unlawful use of a weapon that occurred on June 28 on Portland Place, an official investigation, and thereby impaired the obstructed the prosecution of Patricia McCloskey for the crime of unlawful use of a weapon,” according to the indictment.

Patricia McCloskey’s pistol has been a source of controversy surrounding the evidence in this case.

Missouri law requires prosecutors to prove the gun was operable and “readily capable of lethal use,” when it was used during the commission of an alleged crime. 

5 On Your Side

The McCloskeys — who are attorneys — told police the pistol was inoperable when officers seized it because Patricia McCloskey had used it as a prop at a trial against a gun manufacturer.

Crime lab workers wrote that the gun was inoperable when it arrived at the lab, and Gardner’s Assistant Circuit Attorney Chris Hinckley ordered them to fix the gun so it could fire, according to documents obtained by 5 On Your Side in July.

McCloskeys’ attorney, Joel Schwartz, said: “The only entity that can be proven to have tampered with the evidence is the state through the Circuit Attorney’s Office.” 

Mark and Patricia McCloskey have become household names ever since photos and videos of them during a June 28 confrontation in front of their house went viral.

Gardner’s office charged each of the McCloskeys with unlawful use of a weapon — felonies — and presented the case to a grand jury.

That jury indicted the McCloskeys on the weapon charges but added tampering with evidence — another felony — Tuesday after determining prosecutors have enough evidence on both charges to proceed to a trial. 

Both charges are class E felonies — the least serious felony classification — but are punishable by up to four years in prison. 

The grand jury’s indictments were suppressed Tuesday — an unusual move experts say is typically reserved for flight risks or dangerous fugitives — without explanation.

Until now.

For the complete story, go to . . . https://www.ksdk.com/article/news/crime/indictments-show-st-louis-prosecutors-allege-mccloskeys-altered-gun-to-obstruct-prosecution/63-7eb9928d-1ff5-4033-86e2-c8ce387792f2