This in-depth report was provided exclusively to the New York Analysis of Policy and Government by the distinguished jurist, Judge John H. Wilson (ret.)
Then there is Mark and Patricia McCloskey of St Louis, MO. When a group of protestors entered the grounds of their gated community, the McCloskey’s defended their home with firearms. As the incident is described by Fox News host Tucker Carlson, “the McCloskeys sat in their backyard together having dinner. Suddenly, as they ate, a mob of hundreds of screaming people destroyed a wrought iron gate with a no trespassing sign on it and came pouring in, moving toward them quickly…(t)his mob was clearly intense on violence. They said so…the mob threatened to murder him and his wife. Then they threatened to kill the family’s dog. Panicked, the McCloskeys called the police. Then they called the neighborhood security patrol, but no one came. They had no choice to protect themselves.”
In language almost identical to the New York and Georgia law cited above, Missouri law states that “(a) person may…use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person.”
Yet, despite the fact that the protestors were trespassing, and threatening “unlawful force” against the McCloskeys, St Louis Circuit Attorney Kim Gardner charged the McCloskeys with unlawful use of a weapon as a felony.
Finally, there is the case of Kyle Rittenhouse. According to the Chicago Tribune, the 17 year old Rittenhouse was in the process of guarding businesses in Kenosha, Wisconsin with a rifle during the riots which followed the shooting of Jacob Blake, when “Joseph Rosenbaum, 36, of Kenosha…(chased) Rittenhouse…into the parking lot of a used-car dealer. When Rosenbaum, who was unarmed, finally cornered Rittenhouse, he grabbed for the teenager’s gun. Multiple shots rang out, and Rosenbaum fell, mortally wounded… Rittenhouse hustled away. Soon a group of people began chasing him…shouting ‘Beat him up!’ ‘Get him! Get that dude!’ …(o)ne of the pursuers took a swing at Rittenhouse and knocked his ball cap off… Rittenhouse stumbled and fell as he ran. One of his pursuers took a flying kick at his head and missed as Rittenhouse fired two errant shots from the ground. A second pursuer, Anthony Huber, 26, of Silver Lake, Wisconsin, swung a skateboard at Rittenhouse, hitting him on the shoulder, and grabbed and tried to hang onto Rittenhouse’s rifle. Rittenhouse shot Huber in the chest during that struggle..killing him…(a) third victim, Gaige Grosskreutz, 26, of West Allis, Wisconsin, who survived, first held up his hands in a gesture of surrender at a distance of a few feet. In one of his hands, he held a gun. But when he ‘moved toward’ Rittenhouse…Rittenhouse fired, striking (Grosskreutz) in the arm.”
Once more, what is Wisconsin law on self defense? “A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person…(t)he actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.”
Yet, despite the law stated above, Rittenhouse was arrested and charged with murder, and related charges.
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Obviously, the political undertones of all three cases is a common denominator. Atlanta DA Paul Howard is a Democrat, as is St. Louis Circuit Attorney Kim Gardner and the Kenosha County Prosecutor, Michael Graveley. All three arrests are related in one way or another to the rioting, looting and general unrest that has occurred in Democrat-controlled cities across America; The shooting of Brooks led to more riots in a city already suffering from the effects of riots after the death of George Floyd in Minneapolis; The violent protestors who invaded the McCloskey’s residence in St Louis were supporters of the “Black Lives Matter” movement; and the riots in Kenosha were a response to the shooting of Jacob Blake, who according to CBS News, “has previously been accused of assaulting his ex-girlfriend, with whom he has three children. A criminal complaint was filed against Blake on July 6, charging him with felony third-degree sexual assault…according to Wisconsin Circuit Court records.”
There is an argument to be made that all three cases were brought in an effort to quell further protests and riots. If so, this effort has been an absolute failure – civil unrest continues unabated across Democrat-controlled jurisdictions. Further, to violate the rights of a police officer and several private citizens to appease a mob is no better than the justice Officer Rolfe, the McCloskeys and Kyle Rittenhouse could expect from the mob itself.
Luckily, cooler heads have begun to prevail. Officer Rolfe is currently at liberty on bond, and Paul Howard lost his bid for reelection. The Attorney General for Missouri, Republican Eric Schmitt, has moved to intervene in the prosecution of the McCloskeys, and is seeking dismissal of the charges brought against them. Further, regarding the charges brought against Kyle Rittenhouse, even self-described leftist Eric Zorn admits in the Chicago Tribune that “Rittenhouse is probably going to walk. He’s going to plead self-defense — his lawyers have already signaled as much — and from what I’ve seen, read and heard, I predict he’s going to be acquitted on the most serious charges.”
Once more, the strength of America’s legal system is displayed to full effect. Though the arrests and prosecutions of Officer Rolfe, the McCloskeys and Kyle Rittenhouse were rushed to satisfy the appetite of an angry and violent mob, the deliberate process of the rule of law has come to the aid of each. If the cases are not dismissed outright, each can expect to have their day in Court, and each is entitled to have the prosecutor establish they were not acting in self defense.
Contrast this justice with that demanded by the rioters.
Illustration: Pixabay
