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The McCloskey's and The Castle Doctrine

Posted by Erik Fine | Jul 03, 2020 | 0 Comments

     By now, most of you have heard of and seen the video of Mark McCloskey and his wife, Patricia, defending their lives and their property at their St. Louis home on a Sunday evening in the wake of the civil unrest and criminal wave sweeping cities across our nation.  In case you have been under a rock and haven't heard what happened, let me summarize what occurred.

     Mark and Patricia McCloskey, a married white couple who live in an affluent suburb of St. Louis, Missouri, were at home and about to enjoy their Sunday evening dinner when a large group of 300 or more angry trespassers and potential looters of all races, caught up in the rage and disdain for "white privilege," were "marching and demonstrating" under the guise of the 1st Amendment, on a street that boarders the private gated community where the McCloskey's live.  The angry mob was shouting and yelling profanities and making threats of violence against the affluent couple and their beautiful home.  Days earlier, a similar mob, caught up in the same anger and rage addressing social justice as they perceive it to be, had torn through the city of St. Louis and had burned and obliterated several buildings and private properties, looting the insides of stores and then burning them to the ground.

     A group of the "marchers and demonstrators" left the public street and crossed onto PRIVATE PROPERTY, breaking down and destroying the McCloskey's wrought iron gate and entered their private property, becoming an angry mob of criminal trespassers.  According to Mark and Patricia McCloskey, they FEARED FOR THEIR SAFETY AND THEIR LIVES, and feared that the beautiful home that they had worked hard for over  32 years , was about to be looted and burned to the ground. So what did Mark and Patricia McCloskey (both practicing attorneys, by the way) do?  They armed themselves with their AR-15 assault rifle and a semi automatic pistol and defended their castle!  They stood their ground in a place they were legally entitled to be!  They exercised the constitutional right to bear arms and they refused to be lambs led to a slaughter!  They adhered to the tenants of the Missouri Castle Doctrine and Stand Your Ground Doctrine.  Mercifully, neither of the McCloskey's were harmed and their property, sans the wrought iron gate that was destroyed, was left in tact.  None of the mob was injured or harmed.

      Now the McCloskey's are vilified by the left, unfairly labeled as "racists" (a popular moniker loosely thrown out by anyone who feels they are disenfranchised by "white privilege,") and now find themselves as the target of an "investigation" into potential criminal wrongdoing by a confirmed George Soros backed left wing extremist who holds the office of St. Louis Circuit Attorney, Kimberly Gardner.  There is no need or reason for me to mention the fact that Kimberly Gardner is African-American, because the person who holds the position of the county prosecutor should only seek to find justice and not play into the whole "race issue," right?  I mean, her JOB is to pursue justice by being responsible for prosecuting criminal offenses that occur within her jurisdiction, regardless of the perpetrator's skin color.  Because this is AMERICA and we are a nation of laws and to prosecute someone (or not prosecute someone) strictly based on their race would not only be illegal, it would be immoral, right?  Right?

     But now Mark and Patricia McCloskey find themselves to be the target of an "investigation" directed by Kimberly Gardner.  Makes you feel all warm and fuzzy inside, doesn't it?  Seeing the St. Louis Circuit Attorney look into the LAWFUL AND PROPER ACTIONS of Mark and Patricia McCloskey on that June evening AT THEIR HOME...AT THEIR CASTLE!  The McCloskey's are under investigation for adhering to both Missouri State Law and  federal law (The Second Amendment of the US Constitution), as well as the FIRST Law of Man...The right to defend oneself from the violence of other men.

     Think about what happened to the McCloskey's on that warm June Sunday evening.  Think about what YOU would do if you were in their position.  Think about what Alabama law says about what Mark and Patricia McCloskey did.  Did they act in a lawful and proper manner under Alabama's Castle Doctrine if that had happened in Birmingham or in Montgomery or in Huntsville or Mobile?  What does Alabama's Castle Doctrine provide?  In case you don't know, let me direct you to a Blog post that I wrote that addresses and describes Alabama's Castle Doctrine.  I have posted a quick link to the Blog below.

     Just like my dad taught me..."Failing to prepare is really just preparing to fail."

Read Doctrine

About the Author

Erik Fine

Attorney Erik D. Fine, A.A., B.S., J.D. Mr. Fine, an Alabama native, is a graduate of Mountain Brook Public Schools. He received an athletic scholarship to play baseball at Kansas City Kansas Community College from which he graduated with an Associates Degree in Law Enforcement in 1989. It was i...


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