Interesting choice of charges by the Grand Jury. “exhibiting a weapon and tampering with evidence.”
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Question for the USCCA folks - I know this isn’t a legally binding answer, case by case, &c:
Would the USCCA provide representation to a member in a similar situation? I pitch membership to friends who are new gun owners; it would be helpful to be able to say “it will protect you from a malicious prosecution even if you don’t fire”.
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@ERROR_USERNAME the way I would explain it is that the USCCA is there to assist our members when they have to legally defend their self-defense actions with any legal weapon. That doesn’t mean they’ve had to shoot or even use a firearm in their physical self-defense.
(Your username gets me every stinking time - I always have to check to make sure there isn’t an issue! 
)
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Thanks! I wasn’t sure if it was a silly question, but this is a situation a little outside of a defensive shooting in a confrontation. It seems like a punitive prosecution from here - n.b. the trespassing charges against the trespassers were all dropped.
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I guess it was a form of courage what this couple did? Or, was it resentment? Personally, as Kevin has already stated in a professional (Thank you Kevin) manner; I would not wish to become a bullet magnet by parading my mortal body in front of this lawless mob. Very risky. It is law enforcements task to ultimately defend property, not mine. Someone cutting across my lawn does not pose a threat to me in any way. Someone shouting anything at me no matter how demeaning or insulting doesn’t either. These chicken chests that paraded like zombies are born from a stupid chain of the walking dead DNA and I will not lower myself to their recklessness.
It will not do myself or my family any good for anyone of us to be leaking caused in part by a knee jerk reaction. We are not super heroes, and there is no reason to be injured or killed defending personal insured property. To witness my loved ones injured when it could have been avoided would be hellish nightmare of proportions unimaginable.
Well seasoned advice Kevin. Bravo!
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This update is from back on the 10th…
“Ms. Gardner has every right to rebut criticism, but it appears unnecessary to stigmatize defendant – or even mention him – in campaign solicitations, especially when she purports to be responding to others,” he wrote. “In fact, the case law and Rules of Professional Conduct prohibit it.”
…
Should Clark’s ruling stand, a special prosecutor will be appointed to handle the case. In St. Louis, the presiding judge picks the special prosecutor.
In the campaign emails in question, Gardner mentions the president and governor’s criticisms, accusing them of “fighting for the two who pointed guns at citizens during the Black Lives Matter protests.” One of the emails was sent 48 hours after she announced she was charging the couple. She raised more than $17,000 between July 17 and July 23, which is when the emails were sent.
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They agreed to give up the weapons even they still can own firearms…
Nice and secure way to get rid of old, cheap stuff. 
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The gate was the choke point as far as I’m concerned. They had reasonable expectation of peaceful enjoyment of the community not just the house. They needed a neighborhood plan and didn’t have one. Where were the neighbors? The wife should never again handle a firearm. Pretty sure he is running for political office, probably can’t if a felon.
While the AR that he was holding might be a bit of a painful loss, that Bryco/Jennings Model 38 she was holding, is a real pot metal piece of [INSERT ADJECTIVE OF CHOICE], and probably won’t be missed much. 
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I think it was non-functioning anyway.
I believe you are correct. IIRC they put the firing ping spring in front of the firing pin to render it inoperable for some previous court demonstration. Probably the best thing they could have done with that particular firearm. It is much better suited to be a hammer. 
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I’m not in MO…can someone point me to the law their pleading guilty too? I remember the incident well, and the fact that they were kind of careless with their weapons…but I want to see the wording of the offenses are they plead guilty to.
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Serious question, not ill will intended, how much weight does the track record of common law cases hold in court along with or against the actual stated law of the state? I guess my curiosity is in the process and how much force previous cases push onto a defendants. We have civil law with a civil procedure but wouldn’t mind expanding my knowledge on common law from actual common law citizens.
@Thomas141 Here it is.
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I hope he buys the wife a new pistol and both get training. Good for them. 
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Yaaaa. He kept his word. 
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Glad they got pardoned but still think the way they handled the situation and their firearms contains many great examples of how not to act in a self defense situation.
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