Nathan Layne

(Reuters) – Kyle Rittenhouse shot one of the victims. He threw a bag containing socks, deodorant sticks and a shopping bag at Rittenhouse before attempting to grab his gun. The teenager was also hit by another skateboarder. Rittenhouse’s final round saw the third victim, who was holding a gun.

    Rittenhouse, 18, has been charged with killing two men and wounding a third during demonstrations in Kenosha, Wisconsin, on Aug. 25, 2020. A white officer had shot Jacob Blake (a Black man) a few days before the protests began. Blake suffered paralysis from the waist.  

    As Rittenhouse prepares for trial next week, the chaotic circumstances surrounding the shootings present a formidable challenge for prosecutors, who will seek to portray the teenager as a vigilante killer, legal experts said.

Rittenhouse (17 years old) has pleaded guilty to the charges and will be appearing in court, according to two sources familiar with this matter.

    “If you asked me would I rather be the prosecutor or the defense attorney right now, I would rather be the defense attorney,” said Tom Grieve, a criminal defense lawyer in Milwaukee and former prosecutor. He stated, “This is an excellent case for the defense, even if there’s no surprising evidence.”

With jury selection starting Monday, the trial is perhaps the most prominent test of civilians’ rights to self-defense. This comes after George Zimmerman was found not guilty in Trayvon Martin’s murder, when a Black teenage boy shot unarmed, in 2013.

The judge who is overseeing the trial said he would not allow it to become political, even though online debates about race, guns, and police have been raging in relation to the case.

Rittenhouse (who is white) has become a celebre in many conservatives’ battle for gun rights. Many on the left saw Rittenhouse as a counterpoint for the violent protests against the brutality of police officers that rocked many U.S. city last year. Donald Trump, then President of the United States, suggested Rittenhouse had acted as self-defense days after the shootings.

Wisconsin law states that a person cannot use deadly force to stop someone from killing them or inflicting great bodily harm.

    Deciding what is reasonable will be up to a jury of 12 people from Kenosha County, a mix of urban, suburban and rural areas west of Lake Michigan that Trump narrowly won last year.

The jury’s attitude towards Rittenhouse could vary depending on their political views. For example, a left-leaning juror may be more willing to stand by Rittenhouse and an open-minded juror might more readily fault Rittenhouse for taking the right steps to defend himself. Professor Michael O’Hear from Marquette University Law School said that a liberal juror would likely hold Rittenhouse responsible, while a moderate juror might not believe him to have the right to defend his rights.

DEFENSE

Evidence of the incident is abundant and available via surveillance video and bystanders. However, the parties remain divided on how to present the facts.

Rittenhouse, who is from Antioch in Illinois, faces seven charges. These include homicide in the deaths of Joseph Rosenbaum (36), and Anthony Huber (26). Also, attempted homicide to wound Gaige Grosskreutz (27)

Prosecutors expect Rittenhouse to be charged with using a military-style semiautomatic rifle to protect his business and that he was searching for violence.

He is likely to be portrayed by the defense as a bad actor involved in criminal behavior on that night. This will give him cause for concern about his safety.

Prosecutors will most likely state that Rittenhouse overreacted with unreasonable force, regardless if the men had been involved in any illegal activity prior to his encounter with them.

In a hearing held this week, Kenosha County Assistant district Attorney Thomas Binger stated that “their behavior last night had nothing to do” with the case unless witnessed by defendant. The most important thing is his mental state.”

Rosenbaum is seen running at Rittenhouse during the shooting. According to last year’s criminal complaint, Richard McGinnis, a reporter, claimed that Rosenbaum tried to grab Rittenhouse’s rifle barrel by throwing a bag at him. McGinnis is likely to give evidence at the trial.

Rosenbaum could have made Rittenhouse afraid that Rittenhouse would use his gun against him. Benjamin Van Severen is a Milwaukee defense lawyer. He stated that law enforcement officers can be exonerated of shooting when someone tries to seize their firearm.

Van Severen stated that proving Rosenbaum’s unlawful death was the central point of the prosecution’s case. This was because it seems to have led a crowd towards Rittenhouse and set the scene for other shootings.

Prosecutors claim they have FBI surveillance video that shows Rittenhouse following Rosenbaum to confront him, which they can use as evidence to show he was the aggressor.

Rittenhouse flees from the location of the original shooting. Protesters are heard shouting “Get his ans!”The complaint states that Rittenhouse fled the site of the initial shooting. According to video evidence and the complaint, Rittenhouse falls and then shoots Huber. Huber was a protester swinging a skateboard towards him.

Grosskreutz was still holding a gun and took a few steps back before moving towards Rittenhouse. Rittenhouse opened fire, hitting him in the arm.

Keith Findley from the University of Wisconsin Law School said, “It is not a slam-dunk,” referring to prosecution’s case. I think they will face some difficulties.”