Kyle Rittenhouse killed two men and injured the third during protests against police brutality last year in Kenosha. Rittenhouse claims that he shot in self defense after being attacked by the men.
Let’s take a look at what charges the prosecutors brought to court. Also, we will show you the lesser charges the judge may have for the jury.
COUNT 1 – FIRST DEGREE RECKLESS HOMICIDE, USE DANGEROUS WEAPON
This is a felony related to Rittenhouse shooting the first man, Joseph Rosenbaum. A bystander video captures Rosenbaum following Rittenhouse across a parking area and tossing a plastic bag at his face. Rittenhouse runs behind his car, and Rosenbaum is right there following. The video that was shown at the trial shows Rittenhouse spinning around firing his gun as Rosenbaum pursued him. Richie McGinniss testified Rittenhouse was following him.
The difference between reckless and intentional homicide is that the prosecution aren’t claiming Rittenhouse was plotting to kill Rosenbaum. Instead they are alleging that Rittenhouse was responsible for Rosenbaum’s death under circumstances that show an absolute disregard for human life.
Paul Bucher, former Waukesha County District Court Attorney said that the decision by prosecutors to indict reckless murder instead of intent homicide indicates they aren’t sure what really happened between Rittenhouses and Rosenbaum. He also suggested what may have been happening inside Rittenhouse when he pulled out the trigger.
You could spend up to 60 consecutive years prison for this charge. Additional five-years are required for the dangerous weapon modifier.
Judge Bruce Schroeder was asked by prosecution to allow the jury to consider second-degree reckless killing. It does not have to find that Rittenhouse showed utter disregard for human lives. This can lead to up to 25 years imprisonment. After Rittenhouse’s lawyers objected to his plan, Schroeder stated that he didn’t intend to issue such an instruction. According to him, he believed that a guilty verdict would not be given on this count because it was not added by the defense.
COUNT 2: FIRST DEGREE RECKLESSLY ENTERING SAFETY, THE USE A DANGEROUS WAAPON
The Rosenbaum shooting is the subject of this felony. McGinniss admitted to investigators that he was right in the firing line when Rittenhouse killed Rosenbaum. This charge can lead to 12 1/2 years imprisonment. Additional five-years are required for the weapons modification.
Schroeder was requested by prosecution to permit the jury to look at a second-degree charge. This second-degree version does not require that Rittenhouse was found guilty of utter disregard for human lives. Schroeder indicated that he felt inclined to grant the instructions, although he never made a final decision. You could be sentenced to as much as 10 years prison.
COUNT 3: FIRST DEGREE RECKLESSLY ENTERING SAFETY, THE USE A DANGEROUS WAAPON
Unidentified man appears to be leaping towards Rittenhouse in an attempt to kick him. Anthony Huber, on his skateboard, moves toward Rittenhouse. Rittenhouse fires two shots at Rittenhouse, but it appears that he misses the man as he runs off.
The charge of felony is punishable with 12 1/2 years imprisonment. Another weapon modifier would increase the sentence to 5 years.
Schroeder stated that he will not accept the request of prosecutors for jurors to be permitted to examine this charge in second degree.
COUNT 4: FIRST DEGREE INTENTIONAL HOMICIDE, THE USE A DANGEROUS WAAPON
Huber was also charged with this charge. After shooting Rosenbaum, Rittenhouse is seen running down the street. Huber launches at him and swings his skateboard at Rosenbaum’s neck. Rittenhouse attempts to grab Rittenhouse before Rittenhouse starts firing. According to the criminal complaint, Rittenhouse is accused of aiming the weapon at Huber.
Intentional murder is when someone deliberately kills another person. Bucher claimed that Rittenhouse would have committed intentional homicide if he pointed the gun directly at Huber. But self-defense will override the charges.
Bucher declared, “Why did I intend to kill this person makes all the difference.”
A mandatory sentence of life is imposed on the count. This would allow for a weapons modification of up to 5 years.
Schroeder was asked by the prosecution to offer the jury three options: second-degree intentional murder, second-degree reckless killing and second-degree recklessly homicide in Huber’s death. Schroeder stated that he accepted the second-degree reckless murder charge.
Fallback charges include second-degree intentional murder. This is when the defendant believes he’s in imminent danger of bodily harm or death and it’s necessary to use force. However, either one was not unreasonable. This offense can lead to up to 60 years imprisonment.
Huber’s first-degree reckless murder charge is identical to the original Rosenbaum death charge. Jurors would have to determine that Rittenhouse was responsible for Huber’s death and show utter disregard for human lives. This could lead to up to 60 years imprisonment.
COUNT 5: FIRST DEGREE INTENTIONAL HOMICIDE ATTEMPT, USE A DANGEROUS WAPON
Rittenhouse was charged with shooting Gaige Grosskreutz at Gaige Grosskreutz’s arm just seconds after he had shot Huber. Grosskreutz then approached Rittenhouse holding a firearm. Grosskreutz survived. Video of Rittenhouse firing one round at Grosskreutz.
A maximum sentence of 60 year is possible for this charge. An additional five years could be added to the sentence for weapons modification.
Prosecutors requested that jurors be allowed to examine lesser Grosskreutz charges: second degree attempted intentional homicide; first-degree reckless and third-degree reckless endsangerment. While defense lawyers didn’t object to the first count, they opposed adding reckless endangerment. Schroeder said that although he didn’t rule, he felt inclined to support the prosecution.
A second-degree attempt at intentional homicide can result in a sentence of up to 30 years.
DISMISSED – COUNT 6. POSSESSION DANGEROUS WEAPONS BY A PERSON MINDER THAN 18
Rittenhouse was armoured with an AR style semi-automatic gun. Rittenhouse was just 17 when the shootings took place. Wisconsin law bans minors possessing firearms other than for hunting. On Friday, it was unclear what Schroeder intended to say about this charge.
This is a misdemeanor that can lead to up to nine years behind bars.
Judge Bruce Schroeder dismissed the 6th count from Rittenhouse’s rap sheet on Monday morning.
COUNT 7 – FAILURE TO COMPLY AN EMERGENCY ORDINARY FROM THE STATE OR LOCAL GOVERNMENT
Rittenhouse was charged for being found on the streets during an 8 pm curfew. This minor offense carries a $200 fine. The defense claimed that the prosecution didn’t have enough evidence to support the charge, and Judge Bruce Schroeder dismissed it during week two.