ST. LOUIS, Mo. – A Missouri appeals court has denied St. Louis Circuit Attorney Kim Gardner’s appeal challenging the disqualification of her office from prosecuting Mark McCloskey who, along with his wife, drew guns on racial injustice protesters last summer.

The decision Friday upholds Judge Thomas Clark II’s ruling last month that removed Gardner and her office from the case, citing two campaign fundraising emails by Gardner that referenced the prosecution.

Clark’s ruling applied only to Mark McCloskey, but attorneys for the couple are seeking to have the ruling apply to Patricia McCloskey’s case, too.

A spokeswoman for Gardner said the ruling will be appealed to the Missouri Supreme Court.