ST. LOUIS (AP) — The Missouri Supreme Court on Tuesday denied St. Louis Circuit Attorney Kim Gardner’s request to be allowed to prosecute a St. Louis couple who waved guns at racial injustice demonstrators last summer.
The court did not explain its reasons for denying Gardner’s appeal, KSDK-TV reported.
The ruling means former U.S. U.S. Attorney Richard Callahan, who was appointed special prosecutor, will oversee the case.
The McCloskey’s were charged with unlawful use of a weapon and evidence tampering after they pointed guns at the protesters who were walking by the couple’s mansion during a racial injustice protest in June.
The couple has pleaded not guilty.
Gardner was removed as prosecutor after their attorney successfully argued that she used the case for political gain by citing it in campaign fundraising emails.
Gardner appealed that decision to the Missouri Eastern District Appeals court, which denied her motion, and then appealed to the state Supreme Court.
The McCloskey’s gained national praise from conservatives after they were arrested. Missouri Gov. Mike Parson has said he will pardon them if they are convicted.