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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
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1/10 https://twitter.com/mikeparson/status/1283135303012753414">https://twitter.com/mikeparso...
A legal analysis thread
1/10 https://twitter.com/mikeparson/status/1283135303012753414">https://twitter.com/mikeparso...
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
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
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
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
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.*
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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
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
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
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
10/10
