A St.Louis-area circuit judge has disqualified Circuit Attorney Kimberly M. Gardner in their gun case against Mark McCloskey, the man who -alongside with his wife- defended their home from an activist mob in June.

Circuit Judge Thomas Clark II stated that improper fundraising emails by Circuit Attorney Kimberly M. Gardner’s campaign effectively disqualify Gardner and her office.

Clark accused Gardner of what appeared to be initiating a politically-motivated prosecution.

“Like a needle pulling thread, she links the defendant and his conduct to her critics,” Clark wrote. “These emails are tailored to use the June 28 incident to solicit money by positioning her against defendant and her more vocal critics.”

According to STL Today, Gardner’s spokeswoman Allison Hawk, said the Circuit Attorney’s Office “will review the court order and determine our options.”

The McCloskey’s were indicted on charges claiming that they illegally brandished weapons and altered a pistol to make it appear that it was non-functional.

The incident surrounds the now-infamous moment when the couple produced a handgun and rifle to deter a mob of activists -who had broken down the gate to their private road- from what they thought was a possible ransacking of the properties.

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