The documents obtained by 5 On Your Side include an email Gardner’s Assistant Circuit Attorney Chris Hinckley sent to the lead investigator on the case, Sgt. Curtis Burgdorf. Hinckley emailed police the day before the McCloskeys were served with a search warrant, stating it needed to happen “now.”

“At this point, everything points to these weapons being real and loaded, but no one has asked or confirmed,” he wrote. “Come trial, they’ll say they were waiving around a BB gun and an air rifle.”

Hinckley also wrote to Burgdorf’s commander, Maj. Angela Coonce.

“Our office is receiving inquiries from the public and press about a warrant application and potential charges. We’ve thus far said the matter ‘remains under investigation.’ I’d really like to avoid pointing to a police follow-up request as the hold-up, but I won’t control the messaging if this goes on any longer. Please see what you can do to help this along. Again, I’m asking for priority on the firearms issue.”……….

Hinckley also wrote the document the lead detective did sign, known as the probable cause statement.

But it went through at least two revisions after Burgdorf outlined 14 concerns he had about the document, 5 On Your Side has learned.

Among those concerns:

• Hinckley characterized the protest as “peaceful and organized” and that it was “calling attention to racial inequities in the criminal justice system.” Burgdorf wrote that the evidence he gathered showed the protest was to call for the resignation of Mayor Lyda Krewson. The final document called it “a protest march.”
• Hinckley wrote that Patricia McCloskey’s was “armed with a semi-automatic handgun.” Burgdorf wrote the phrase should read, “What appears to be a semi-automatic handgun.” Hinckley responded, in part, “You cannot be serious with this one. Again, this is really problematic.” Ultimately, the document read: “What was later determined to be a semi-automatic handgun.”
• Hinckley called Mark McCloskey’s gun an “assault” rifle. Burgdorf called the word “assault” a propaganda term. Hinckley disagreed, but it was left out of the final document.
• Hinckley wrote that the protesters passed through an “open gate” onto private property. Burgdorf said he didn’t know whether the gate guarding the private street was open when protesters went through it, but that, at some point, it was damaged. Hinckley responded: “Your points here are really problematic. It seems to go beyond oversight and into purposeful ignorance. I suggest you very quickly re-assess this evidence.” Ultimately the document Burgdorf signed reads, “protesters walked through a gate.”
• Hinckley wrote that Mark McCloskey’s gun was “visibly loaded with an ammunition clip.” Burgdorf wrote that he would have to verify that detail because it wasn’t mentioned in his report or interviews with them. Hinckley wrote back “Seriously??!!” Ultimately, the document did not include the phrase Hinckley wrote.
• Hinckley wrote that both victims, identified only by their initials, “feared that the defendant might fire her weapon due to her finger being on the trigger and her highly agitated demeanor.” Burgdorf wrote that the term “angrily” was subjective and he didn’t like it. Hinckley wrote, “It’s a fact and an element of the offense.” The final document did not include the word “angrily”.