Y'all have to consider, he is still talking about what a big BLM supporter he is, or was. He is emphasizing that to lower the chances of an indictment.
That DA in St. Louis is a left wing Negro female nut cake and she is playing politics with this. It is Missouri State Law, with a big dose of Left Wing politics.

Just think, if this couple had been out in that yard with MAGA hats on, they would already be rung up on a 3-count felony indictment.
These shrewd lawyers are emphasizing their BLM involvement to try to avoid the indictments.