St. Louis prosecutor Gardner loses second appeal to try Missouri couple who defended home with guns

St. Louis Circuit Attorney Kimberly Gardner has lost her second appeal to be reinstated as a prosecutor in a case against couple Mark and Patricia McCloskey, who used firearms to defend their home after Black Lives Matter protesters this summer broke into their gated community. 

The Missouri Court of Appeals on Wednesday rejected Gardner's appeal, after being disqualified last month from the case by Circuit Judge Michael Stelzer, according to the Washington Examiner.

Gardner was taken off the McCloskey case after she was found to have initiated a "criminal prosecution for political purposes" following reports that she used the charges to send out fundraising emails for her reelection bid, Circuit Judge Thomas Clark said.

The McCloskeys were charged in connection withe the unlawful use of a weapon and tampering with evidence after a viral video showed the St. Louis couple in front of their home with guns in hand as the protesters came down their street.

They pleaded not guilty to the charges in October.

Gardner will be required to take her case to the Missouri Supreme Court if she wants to continue pursuing the case as a prosecutor.