Tensions flare in Kenosha as Rittenhouse jury starts deliberations

Kyle Rittenhouse killed two men and injured the third during protests against police brutality last year in Kenosha. Rittenhouse claimed that Rittenhouse fired because he was being attacked by two men. 

Below are the allegations that were brought into court by the prosecution. The judge can also bring lesser charges to the jury’s attention in the final instructions.

COUNT 1 – FIRST DEGREE RECKLESS HOMICIDE, USE DANGEROUS WEAPON

The felony charges are related to Rittenhouse’s first victim, 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 was a reporter following Rittenhouse and testified that Rosenbaum tried to grab Rittenhouse’s gun.

Intentional homicide is different from reckless homicide because the prosecutors don’t claim Rittenhouse wanted to kill Rosenbaum. They are claiming that Rittenhouse is responsible for Rosenbaum’s murder in conditions showing utter disregard for human lives.

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.

This charge can lead to up to 60 years imprisonment. An additional five-year sentence is possible for dangerous weapon modifier.

The prosecution asked Judge Bruce Schroeder for a second-degree reckless murder charge to be considered by the jury. This does not need to include a finding Rittenhouse had acted with an utter disregard of human life. This can lead to up to 25 years imprisonment. Schroeder, however, stated that Rittenhouse’s attorneys had objected and that he was not going to provide such instructions. According to him, he believed that a guilty verdict would not be given on this count because it was submitted 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 claimed that he was near the scene of Rittenhouse’s shooting of Rosenbaum. This charge can lead to 12 1/2 years imprisonment. Additional five-years are required for the weapons modification.

Schroeder was asked by the prosecution to allow jurors to consider an additional degree of this charge. It doesn’t have to be found that Rittenhouse had acted with an utter disregard for the life of others. Schroeder indicated that he felt inclined to grant the instructions, although he never made a final decision. This charge can lead to up to 10 years imprisonment.

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 seems to have fired two shots at the man, but the man ran away.

The charge of felony is punishable with 12 1/2 years imprisonment. Additional five years would be added for the weapons modifier.

Schroeder indicated that he wouldn’t agree with prosecutors’ demand for jurors being allowed to look at this case in the second degree.

COUNT 4 – FIRST DEGREE INTENTIONAL HOMICIDE, USAGE OF DANGEROUS WEAPON

Huber’s murder is the reason for this charge. Rittenhouse can be seen sprinting down the street following the shooting of Rosenbaum. Huber jumps at him, swings a skateboard at the neck and head, and attempts to grab Rittenhouse’s gun. Rittenhouse then fires. Huber is alleged to have been shot by Rittenhouse in the criminal complaint.

Intentional killing means that someone intentionally kills someone. Bucher claimed that Rittenhouse would have committed intentional homicide if he pointed the gun directly at Huber. Self-defense, however, would overrule the accusation.

Bucher declared, “Why did I intend to kill this person makes the difference.”

This count is subject to a mandatory lifetime sentence. A weapons modifier could add up to five more years.

Schroeder was requested by prosecution to allow the jury options of first-degree reckless, second-degree intentional and third-degree homicide for Huber’s murder. Schroeder stated that he accepted the second-degree reckless murder charge.

A fallback offense is second-degree intentional killing. It’s when the defendant believed that he was in imminent risk of dying or that he would suffer great bodily injury and that force was required to protect him. But either belief wasn’t unreasonable. You could be sentenced to as much as 60 years prison.

Huber’s murder case in first-degree recklesshomicide matches the Rosenbaum original. It would mean jurors must decide whether Rittenhouse is guilty of Huber’s death in utter disregard of human life. The sentence can be up to 60-years in prison.

COUNT 5 – ATTEMPT OF FIRST DEGREE INTENTIONAL HOMICIDE AND USE DANGEROUS WEAPON

Rittenhouse shot Gaige Grosskreutz in his arm, seconds after shooting Huber. Grosskreutz approached him with a gun. Grosskreutz survived. Video of Rittenhouse firing one round at Grosskreutz.

A maximum sentence of 60 year is possible for this charge. Additional five years would be added for the weapons modifier.

The prosecution asked for the jury to be permitted to look at lesser charges in Grosskreutz’s shooting. These were second-degree attempted intentionally homicide and first-degree reckless endingangerment. The first was not opposed by defense attorneys, however they did object to adding reckless endangerment charges. 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 equipped with an AR-style semiautomatic rifle. On the night of shootings, Rittenhouse was only 17 years old. Wisconsin law forbids minors to possess firearms, except when hunting. Schroeder did not make it clear Friday as to what he intended to inform jurors regarding this charge.

It is a misdemeanor and can result in up to nine months imprisonment.

Judge Bruce Schroeder rescinded count 6 of Rittenhouse’s rap sheets Monday morning. 

COUNT 7: FAILURE to COMPLY with an EMERGENCY ORDER OF STATE or LOCAL GOVERNMENT

Rittenhouse was charged for being found on the streets at 8 pm, which is a minor offense and can result in a $200 fine. After the defense had argued that there wasn’t enough evidence, Judge Bruce Schroeder dropped the charges during the second week.