St. Louis prosecutor Kim Gardner declines to charge Cinco De Mayo shooting suspect, despite photos

Soros-backed prosecutor Kim Gardner may be on her way out of the St. Louis Circuit Attorney’s Office for allegedly refusing “to do her job,” but that hasn’t stopped her from declining to press charges against a woman who was allegedly involved in a Cinco De Mayo festival shooting.

The St. Louis Metropolitan Police Department announced that it had taken Amber Booker, 33, and another man into custody following a May 6 shooting “in the 2700 block of Cherokee that left two innocent bystanders hurt” as the festival was coming to a close.

Prior to arresting the suspects, police posted pictures of the duo in which both Booker and the unidentified man could be seen waving guns.


Investigators planned on charging Booker with two counts of first-degree assault and two counts of armed criminal action, Fox News Digital reports, but Gardner’s office refused, citing a “lack of evidence” for each of the counts. Additionally, Gardner’s office said the victim in the shooting refused to assist investigators.

Gunfire erupted on Cherokee Street at around 7:30 p.m. on Saturday. A bullet reportedly grazed one man on his upper thigh and a woman suffered a shot to her leg. Both victims were rushed to a nearby hospital where they were reported to be in stable condition.

The incident started with a fight between some men as the victims watched from an intersection. One of the suspects began brandishing a handgun, and Booker allegedly fired her gun as the fight escalated. Despite having photos of both Booker and the second suspect waiving their firearms, Booker was released.

The incident comes less than a week after Gardner finally handed in her resignation.

As BizPac Review reported, Gardner resigned on Thursday before Missouri’s Attorney General Andrew Bailey could succeed in his attempt to fire her.

“Unfortunately, since the time I took office, as the first Black, female prosecutor in the State, people outside of the city have targeted me and, to advance their goals, have also targeted the fundamental rights of the city’s voters,” the ousted attorney wrote in a letter addressed to “My Fellow St. Louisians.”

Bailey called for Gardner to resign after a repeat offender who was out on bond for an armed robbery case crashed his car into 17-year-old volleyball player Janae Edmondson, leaving her in critical condition with both her legs amputated.

The driver, 21-year-old Daniel Riley, had reportedly already violated the terms of his bond “several dozen times.”

In a statement on Twitter regarding Gardner’s resignation, Bailey urged the prosecutor to leave office immediately rather than wait until the end of the month.

“There is absolutely no reason for the Circuit Attorney to remain in office until June 1,” he wrote. “We remain undeterred with our legal quest to forcibly remove her from office.”

“Every day she remains puts the city of St. Louis in more danger,” Bailey stated. “How many victims will there be between now and June 1? How many defendants will have their constitutional rights violated? How many cases will continue to go unprosecuted?”

Mark McCloskey who, along with his wife, was charged by Gardner after the St. Louis couple waved guns at racial injustice protesters who invaded their neighborhood in 2020, celebrated the resignation on Twitter.

“Here’s to the resignation of Kim Gardner,” McCloskey said. “The city of St. Louis will be much safer.”

While waiving guns was enough for Gardner to charge the McCloskeys, Booker’s alleged firing of her weapon was apparently not enough of a reason to charge her.

“We are working closely with police on this ongoing investigation,” Gardner’s office told Fox News Digital. “We cannot comment further at this time.”

Melissa Fine

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