ST. LOUIS 鈥 The guns seized from Mark and Patricia McCloskey in 2020 remain in police and sheriff鈥檚 department custody despite a court order to destroy them last year.
Robert Dierker of the City Counselor鈥檚 Office said in a virtual court hearing Wednesday that the city has yet to dispose of the guns.
鈥淥bviously with our customary efficiency, we should have destroyed (the weapons) months ago,鈥 Dierker said. 鈥淲e haven鈥檛. So McCloskey鈥檚 a beneficiary of bureaucratic, I want to say, ineptitude. But in any event, it鈥檚 fortuitous that the weapons still exist.鈥
Mark McCloskey, a Republican U.S. Senate candidate, wants the weapons back immediately and has sued 果酱视频, the sheriff and state to get them. But the city says he and his wife forfeited them as part of their plea agreements to misdemeanors for waving the guns at protesters in June 2020 outside the couple鈥檚 mansion on Portland Place, a private and gated street.
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McCloskey, 65, sued last year seeking the return of a Colt AR-15 rifle and a Bryco .380-caliber pistol that he and his wife, Patricia McCloskey, 62, voluntarily relinquished in June when they pleaded guilty to misdemeanor charges for wielding guns at protesters following the death of George Floyd in Minneapolis. No shots were fired.
Mark McCloskey鈥檚 lawsuit also sought the refund of $872.50 in fines paid in June. McCloskey claimed the handgun is worth $400 and the rifle is valued at $1,500.
Mark McCloskey said Wednesday that Gov. Mike Parson鈥檚 July 30 pardons of his and wife鈥檚 misdemeanor crimes entitle them to get their guns and money back.
鈥淭he loss of that property would certainly be a legal disqualification, impediment or other legal disadvantage, of which I have now been absolved by the governor, and therefore the state no longer has any legitimate reason to hold the property,鈥 he said.
The City Counselor鈥檚 Office, which is representing the police and sheriff鈥檚 departments, said in court pleadings and at Wednesday鈥檚 hearing that Parson鈥檚 pardon obliterated the conviction, it did not obliterate the plea bargain in which McCloskey forfeited the guns.
鈥淲e do not think he can demonstrate the right to immediate possession,鈥 Dierker said.
Circuit Judge Joan Moriarty took the case under advisement.
Mark and Patricia McCloskey, also a lawyer, face suspension of their law license. In September, the state Office of Chief Disciplinary Counsel filed complaints against them, alleging the couple 鈥渁dmitted committing a criminal act that shows indifference to public safety and involved moral turpitude.鈥
Patricia McCloskey also has sued the Circuit Attorney鈥檚 Office seeking the return of the $2,122.50 she paid in fines and court costs as part of her plea agreement. The suit is pending.
On June 28, Mark and Patricia McCloskey say they felt threatened by a group of protesters who entered Portland Place, a private street in the …