Several times now, the McCloskeys have claimed that they were either “defending” themselves or their property - from what crime being committed, exactly?

A legal analysis thread

1/10 https://twitter.com/mikeparson/status/1283135303012753414

Video footage shows that no protesters trespassed on their individual property. Arguably, their Castle Doctrine right does not extend to defend HOA common property. The HOA also employs private security, & there’s no indication that the McCloskeys called security or police.

2/10

Even if there was a “threat” of a crime, the worst the protesters would have done here is trespass. Based on the massive amounts of footage from this night, no one in the crowd was waving a gun or giving McCloskeys reason to believe that they were about to become victims.

3/10

To successfully claim a Castle Doctrine defense, the McCloskeys would have to demonstrate that they were in reasonable fear for their safety & had a need for deadly force.

Trespassing does not demonstrate that need under the Castle Doctrine.

4/10

It also is important to note that Castle Doctrine & Stand Your Ground are not the same and apply to different situations. Lots of reporting that the McCloskeys claim Castle Doctrine; notice that SYG is hardly (if at all) mentioned by the McCloskeys or their defense team.

5/10

Also of interest: MO was 1st state to pass “stand your ground” law following Trayvon Martin’s murder. Prior, MO had the “castle doctrine,” meaning a person may shoot an intruder to his home, if perceiving the situation as *life-threatening.*

6/10

Non-deadly force is considered justified when a person *reasonably believes* that they must defend themselves or someone else from an unlawful use of force by someone else.

Again, not the case here, with the “worst” threat being trespassing.

7/10

So, to everyone asking why SLMPD executed a search warrant for their house, it’s likely because the physical evidence so far demonstrates that the McCloskeys were not in reasonable fear for their safety & cannot confidently rely on that Castle Doctrine defense.

8/10

Of note: they have hired one of my personal criminal defense lawyer idols, Joel Schwartz, who is an amazing attorney & led the effort to overturn Russ Faria’s wrongful conviction (which led to arrest of serial killer Pam Hupp). He is a living legend.

9/10

That said, I’m interested to see how Gardner’s office moves forward with these charges. There is not a doubt in my mind that, if a Black couple stood on their front lawn & waved guns at white protesters, we wouldn’t even be having this conversation.

10/10