St. Louis Circuit Attorney Kim Gardner's announcement that she will resign June 1 was welcome news, but it's already become apparent that her short remaining tenure is going to be a long few weeks. How is it possible that a shooting suspect is caught on camera wielding a gun, is identified and arrested, but now is walking free with no pending charges? If photographic proof of the crime isn't enough to pursue immediate criminal action, what is?

After 1 1/2 terms marred by administrative incompetence — bungled or dropped criminal cases, an inability to hire and keep prosecutors, hostility toward the police and an apparent disinterest in bringing criminals to justice — Gardner last week finally gave in to demands from city and state leaders that she resign. Her announcement that she would finish out the month of May wasn't ideal, but the fact that she had finally agreed to go made it seem like a minor drawback. Now that's not so clear.

On Saturday, a fight broke out during the Cinco de Mayo festival on Cherokee Street. A man and a woman were shot in the legs (both will recover). Images of the two shooters, also a man and a woman, were captured in what appear to be bystander photos as they wield their guns.

Police arrested the woman and applied to Gardner's office for charges of first-degree assault and armed criminal action. They were denied. According to police, Gardner's office cited the refusal of a shooting victim to cooperate, which is unfortunate but doesn't necessarily preclude prosecution. Her office also cited "lack of evidence."

Evidence as in ... actual photos of suspects wielding guns? That seemed good enough when Gardner went after Mark and Patricia McCloskey in 2020.

The male alleged shooter, Darion Marquis Benton, was finally charged Thursday with first-degree assault. But at this writing, it's still unclear why the woman was released.

The main reason Gardner is being driven from office is her refusal or inability to pursue legal action against alleged criminals — including a robbery suspect and repeat bond violater who caused a horrific car crash in February that cost a teenaged visitor her legs. And yet, even now, Gardner is displaying the same nonchalance about getting clearly dangerous people off the streets.

A Gardner spokesperson has declined comment, citing the "ongoing investigation." That's not good enough. It's true that prosecutors have to have all the evidence lined up before they pursue charges. Maybe there's a perfectly good explanation for allowing someone who was caught on camera committing a gun crime to go free instead of awaiting trial in jail. Gardner could end her time in office better than she conducted most of it by publicly explaining this. She owes that much to this crime-weary city.

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