A Missouri couple facing felony charges after waving guns toward a group of protesters are suing a photographer who allegedly trespassed onto their property when taking pictures of the confrontation.
A grand jury last month indicted Mark, 63, and Patricia, 61, on charges of unlawful use of a weapon and tampering with evidence after the incident occurred when a group of protesters were rallying near their $1.15 million home.
The McCloskeys claim that Greenblatt's taking and publishing of the picture fueled the incident resulting in "significant national recognition and infamy." In addition, the couple also said since the June incident, more protesters have come near their property and they have received death threats.
Besides the suit against Greenblatt, they also filed a suit against an online marketplace for print-on-demand products in San Francisco, California named Redbubble Inc.
The couple alleges the company has used the image for profiting from products such as “T-shirts, masks, and other items, and licensing use of photographs bearing plaintiffs’ likenesses, without obtaining plaintiffs’ consent,” according to the lawsuit.
Often their image on merchandise sold by Redbubble is accompanied by "mocking and pejorative taglines or captions,” causing them "humiliation, mental anguish, and severe emotional distress," the suit alleges.
Redbubble didn't immediately respond to an email from The Associated Press. No attorney is listed for any of the defendants in online court records.
The McCloskeys fueled a national debate over the right to bear arms after footage of them pointing their guns at the dozens of Black Lives Matter activists who had entered their private street went viral. The protesters were on their way to protest at the home of St. Louis Mayor Lyda Krewson.
During the confrontation, Mark was seen carrying an AR-15 rifle, while his wife displayed a semiautomatic handgun—both of which were pointed at protestors. The confrontation was captured on cellphone video.
No shots were fired, but attorney Kim Gardner, a Democrat, filed the weapons charge, alleging the McCloskeys' actions risked creating violence during what she deemed an otherwise "peaceful protest."
The McCloskeys contend they were simply defending their home, as allowed by law. They also contend that the demonstration was anything but peaceful given the protesters broke through an iron gate and appeared threatening.
Missouri Gov. Mike Parson has said he will pardon the McCloskeys if they are convicted.