Twist - couple is charged with 4th degree assault by intimidation...
Anders Walker, a constitutional law professor at St. Louis University, said that although it's "very dangerous" to engage protesters with guns, the homeowners broke no laws by brandishing or pointing weapons at them because Portland Place is a private street. He said they are legally protected by Missouri's Castle Doctrine, which allows people to use deadly force to defend private property. "The protesters thought they had a right to protest," Walker said. "But as a technical matter, they were not allowed to be there ... It’s essentially a private estate. If anyone was violating the law, it was the protesters. In fact if (the McCloskeys) have photos of the protesters, they could go after them for trespassing."
St. Louis Circuit Attorney Kimberly M. Gardner appeared to take a different view, releasing a statement Monday that said she's "alarmed at the events that occurred over the weekend where peaceful protestors (sic) were met by guns and a violent assault." Gardner said her office is investigating. "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," Gardner said. "Make no mistake: we will not tolerate the use of force against those exercising their First Amendment rights, and will use the full power of Missouri law to hold people accountable."
https://www.stltoday.com/news/local...edc57ed-c307-583f-9226-a44ba6ac9c03.amp.html?
Anders Walker, a constitutional law professor at St. Louis University, said that although it's "very dangerous" to engage protesters with guns, the homeowners broke no laws by brandishing or pointing weapons at them because Portland Place is a private street. He said they are legally protected by Missouri's Castle Doctrine, which allows people to use deadly force to defend private property. "The protesters thought they had a right to protest," Walker said. "But as a technical matter, they were not allowed to be there ... It’s essentially a private estate. If anyone was violating the law, it was the protesters. In fact if (the McCloskeys) have photos of the protesters, they could go after them for trespassing."
St. Louis Circuit Attorney Kimberly M. Gardner appeared to take a different view, releasing a statement Monday that said she's "alarmed at the events that occurred over the weekend where peaceful protestors (sic) were met by guns and a violent assault." Gardner said her office is investigating. "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," Gardner said. "Make no mistake: we will not tolerate the use of force against those exercising their First Amendment rights, and will use the full power of Missouri law to hold people accountable."
https://www.stltoday.com/news/local...edc57ed-c307-583f-9226-a44ba6ac9c03.amp.html?