bookmark_borderMark and Patricia McCloskey have every right to defend themselves

In a now viral video, a husband and wife in St. Louis, Missouri named Mark and Patricia McCloskey decided to defend themselves and their home against a large group of Black Lives Matter protesters. The mob of protesters broke through a gate and marched down the private street where the McCloskeys’ home is located. In response, Mark and Patricia pointed guns at the mob from their porch.

Mark McCloskey defended his and Patricia’s actions in an interview with KMOV-TV:

“It was like the storming of the Bastille, the gate came down and a large crowd of angry, aggressive people poured through. I was terrified that we’d be murdered within seconds. Our house would be burned down, our pets would be killed. A mob of at least 100 smashed through the historic wrought iron gates of Portland Place, destroying them, rushed towards my home where my family was having dinner outside and put us in fear for our lives. One fellow standing right in front of me pulled out two pistol magazines, clicked them together and said, ‘You’re next.’ That was the first death threat we got that night.”

The McCloskeys’ attorney added that they are both personal injury lawyers who represent victims of police brutality, and they actually support the message of BLM.

Despite the fact that this looks like a clear case of self-defense, numerous people have alleged that the McCloskeys’ conduct constitutes “assault” and have demanded that they be punished.

For example, St. Louis Circuit Attorney Kimberly Gardner announced that her office would be investigating. She said: “I am alarmed at the events that occurred over the weekend, where peaceful protesters were met by guns and a violent assault. 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.”

Attorney Don Calloway tweeted that Mark McCloskey “committed an assault” and “should be arrested and charged with assault immediately.” And Attorney Mark Zaid tweeted that “their actions should have consequences.”

Attorney Eric Banks told St. Louis Public Radio: “You cannot act with impunity, come out of your house with an automatic weapon, and point it in the direction of the people coming down the street. It’s just beyond the pale.”

Sunny Hostin, co-host of The View, said: “If there’s a peaceful protest and you feel threatened, I don’t know why you decide to go outside of your home and brandish a weapon. Don’t you stay inside of your home and call the police? So it just seems to me that there is quite a disconnect there, because what they did was very aggressive. There wasn’t a need to brandish a weapon in a threatening way.”

There is a petition titled, “Have the McCloskeys disbarred for Aggravated assault with a deadly weapon.” The organizer of the petition writes that the McCloskeys “need to be held accountable.”

According to St. Louis Public Radio, the Missouri Bar Association has, indeed, received dozens of calls demanding that the McCloskeys’ law licenses be revoked, and cyberbullies have left thousands of negative reviews on their law firm’s Facebook page.

This is ridiculous. First of all, the McCloskeys did not commit assault. Anyone with even a basic understanding of logic would agree that in order for an action to constitute assault, something needs to actually touch the person allegedly being assaulted. The McCloskeys did not fire their guns. They did not go over to the protesters and hit anyone over the head with the guns. Neither Mark nor Patricia nor either of the guns nor any bullets made any physical contact with any of the protesters. Therefore, no assault took place.

Second, the protesters were in the wrong because they trespassed on private property. Anyone who trespasses on private property is automatically the aggressor and bears 100% of the responsibility for any confrontation or conflict that takes place as a result. In an article arguing that the McCloskeys are “screwed, and rightfully so,” Jim Swift at the The Bulwark writes: “Members of that community are not empowered to enforce trespass laws by pointing guns at unarmed people. This is why you call the police… Crimes committed on private property are not exempted from legal scrutiny.” But the McCloskeys did call police. Additionally, contrary to Swift’s claim, people do have the right to enforce trespass laws by pointing guns at unarmed people. The fact that the trespassers are unarmed is irrelevant. The only relevant fact is that they trespassed on someone else’s property. Therefore, they deserved to have guns pointed at them. Anyone who trespasses on someone else’s property deserves whatever treatment the property owner deems necessary to defend his or her property. The fact that the protesters trespassed makes the McCloskeys’ actions not a crime.

Finally, those demanding the McCloskeys’ arrest point out that under Missouri law, it constitutes “unlawful use of weapons” to “exhibit, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner.” But the mob of protesters were clearly acting in a more threatening way than either Mark or Patricia McCloskey. According to Mark, nearly 100 angry protesters broke through a gate, and one pulled out pistol magazines and said “you’re next.” Even if you don’t believe his version of events, the number of protesters and the mere fact that they were trespassing on private property should be enough to consider the McCloskeys innocent of any criminal offense. Whenever you have a conflict with two people on one side and hundreds of people on the other side, the two people are almost always in the right. How could a crowd of protesters be intimidated or threatened by two individuals? Hundreds of people are inherently more intimidating and threatening than two people, regardless of who is armed and who isn’t.

In conclusion, the McCloskeys did not commit assault or unlawful use of weapons. They did not intimidate anyone and they were not aggressive; they defended themselves against an intimidating mob. They should not be arrested or disbarred. They do not “need to be held accountable” because they did nothing wrong. The only consequences that their actions should have are positive ones… such as this salute from yours truly. Thank you, Mark and Patricia, for standing up to the mob and providing a good example of self-defense for all Americans.