Rittenhouse Jury Watch
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The Rittenhouse trial has been riddled with dramatics and the process of jury instructions was no exception. It was anticipated that Judge Bruce Schroeder would file final instructions on Sunday, but instead he took arguments from attorneys until the last minute Monday and proceeded to edit instructions while on the bench.
The focus revolved primarily around how jurors should determine whether Rittenhouse is guilty of each charge against him. The difficulty lies in making the deliberative process clear for the jury, even though there are multiple charges to review, as well as Rittenhouse’s claim of self-defense. Ultimately, the jury instructions were comprised of 36 pages in total, and the judge read them aloud to the jury.
The judge is expected to send the jury out for deliberation once court commences this morning, and considering the amount of material that needs to be reviewed, a verdict is not likely any time soon. Since we might be waiting a while for a result, I will quickly recap the basic facts of the case, as well as the charges that the jury will be considering.
During a protest against police brutality last year in Kenosha, Wisconsin, that followed the police shooting of Black Kenosha resident, Jacob Blake, Kyle Rittenhouse shot three men: Joseph Rosenbaum, Anthony Huber and Gaige Grosskreutz. Rosenbaum and Huber died as a result and Grosskreutz was wounded. Rittenhouse, who was 17 at the time of the shootings, had traveled a significant distance to participate and has argued that the men attacked him, and he fired in self-defense.
Rittenhouse took the stand in his own defense — he faces five counts, including first-degree intentional homicide, for killing the two men and wounding the third. The judge decided to dismiss the sixth charge involving an unlawful firearm misdemeanor at the last minute on Monday.
The charges range in seriousness from First-Degree Homicide to Reckless Endangerment with a Weapon. Rittenhouse has also invoked a self-defense argument, which means that he must convince the jury that he reasonably believed his life was in danger and the amount of force he used was appropriate given the circumstances. It is important to note that the state of mind of the defendant is crucial for a self-defense case — this would be the biggest justification for putting Rittenhouse on the stand to testify.
1. First Degree Reckless Homicide, Use of a Dangerous Weapon
The first count against Rittenhouse is a felony charge resulting from the death of the first person Rittenhouse shot: Joseph Rosenbaum. Video evidence, taken by a bystander, revealed Rosenbaum chasing Rittenhouse through a parking lot and throwing a plastic bag at him. According to the video testimony, Rittenhouse ran behind a car and Rosenbaum proceeded to follow him.
Video was also entered into evidence showing Rittenhouse quickly turning around to fire at Rosenbaum as he chased Rittenhouse. Richie McGinniss, a reporter who was on the scene and witnessed the shooting also took the stand to testify that he was following Rittenhouse and he saw Rosenbaum lunge for Rittenhouse’s gun in an attempt to take it away.
Reckless homicide differs from intentional homicide and prosecutors aren’t alleging that Rittenhouse intended to murder Rosenbaum. Instead, they’re alleging Rittenhouse showed an utter disregard for human life that caused the death of Joseph Rosenbaum. If convicted, this charge is punishable by up to 60 years in prison and the addition of the “dangerous weapon” modifier carries an additional sentence of five years.
2. Recklessly Endangering the Safety of Another, Use of A Dangerous Weapon
The second count against Rittenhouse, involves the Rosenbaum shooting as well. This felony charge is considered a lesser included charge, meaning that the jury could find that Rittenhouse did not commit Reckless Homicide, but he did endanger the safety of Rosenbaum with his actions.
This felony charge is connected to the Rosenbaum shooting. The reporter who testified told investigators he was in the line of fire when Rittenhouse shot Rosenbaum, which is damning evidence for a reckless endangerment charge. If convicted, this charge is punishable by 12.5 years in prison and the weapons modifier clause again carries the possibility of an additional five years.
3. First-Degree Recklessly Endangering Safety, Use of a Dangerous Weapon
Video was presented at trial that shows an unidentified man leaping at Rittenhouse in an attempt to kick him just seconds before Anthony Huber moves his skateboard toward him. Rittenhouse appears to fire two rounds at the anonymous man in question, but apparently misses and the man was able to flee.
As with the previous second count against Rittenhouse, this is also a felony charge that is punishable by 12.5 years in prison, with the same weapons modifier that would add up to five more years. Unlike the preceding charge that involves Rosenbaum, this count is tied to the unidentified man in question, who was shot at by Rittenhouse, but who was able to escape.
4. First Degree Intentional Homicide, Use of a Dangerous Weapon
The fourth charge involves Anthony Huber, the second person who was shot and killed by Kyle Rittenhouse. Video was entered into evidence that shows Rittenhouse running down the street after shooting Rosenbaum. Rittenhouse then falls down onto the street.
Next, Huber leaps at Rittenhouse and swings a skateboard at his head and neck, attempting to grab Rittenhouse’s gun before he can fire. The criminal complaint alleges Rittenhouse aimed the weapon at Huber. Intentional homicide means that a person killed someone with the intent to do it and the count carries a mandatory life sentence. The weapons modifier would add up to another five years on to the life sentence.
The jury also was given the option of two lesser charges with regard to Huber’s death: second-degree intentional homicide, which is is punishable by up to 60 years in prison, and first-degree reckless homicide, which also carries a punishment of up to 60 years in prison. The first-degree reckless homicide option that has been presented to the jury in Huber’s death, is the same previously discussed charge that was charged for Rosenbaum’s death. As with the reckless homicide charge for Rosenbaum, it would require jurors to decide that Rittenhouse caused Huber’s death with an “utter disregard for human life.”
5. Attempted First-Degree Intentional Homicide, Use of a Dangerous Weapon
This fifth charge is tied to the shooting of Gaige Grosskreutz, who was wounded in the arm just seconds after Rittenhouse shot Huber. Grosskreutz approached Rittenhouse while holding a pistol and he ultimately survived his wound. Video evidence shows Rittenhouse pointing his gun at Grosskreutz and firing a single round. This charge carries a maximum sentence of 60 years and the weapons modifier would add up to five more years.
With this charge, the jury has also been given the option of considering the lesser included Second-Degree Attempted Intentional Homicide and First-Degree Reckless Endangerment charges that were previously discussed for Huber. If convicted on the lesser included charges, the possible punishment for Attempted Second-Degree Intentional Homicide is 30 years, while a conviction for Attempted First-Degree Reckless Homicide carries a punishment of up to 12.5 years.
6. Possession of a Dangerous Weapon by a Person Under 18
This was the charge that was dismissed by the judge on Monday that involves a minor in possession of a firearm. Wisconsin law prohibits minors from possessing firearms, except for hunting or when supervised by an adult in target practice or instruction in the proper use of a dangerous weapon. At the time of the shooting, Rittenhouse was 17 years-old.
Attorneys for Kyle Rittenhouse argued that another subsection of the law, that pertains to “short-barreled rifles” provided grounds for a dismissal of the charge. Prosecutors claimed that the defense was incorrectly interpreting the statute and that the charge should stand due to the defendant’s age. It’s worth noting that Judge Schroeder had previously declined to dismiss the charge two times, but did say that the statutory language was not clear. Prosecutors conceded that the rifle was not short-barreled, and based on this, Schroeder dismissed the sixth charge.
7. Failure to Comply with an Emergency Order for State or Local Government
Rittenhouse was initially charged with being out on the streets after a citywide imposed curfew of 8:00 pm, a minor offense that carries a fine of up to $200. The judge dismissed this charge during the trial, saying the prosecution didn’t offer enough evidence to prove it, despite the video testimony that was offered into evidence.
If you would like to tune in for real-time updates on the progress of jury deliberations, you can follow my Twitter account here. Given the amount of material that should be reviewed again by the jury as they begin to deliberate, it is unlikely that they will be returning a verdict today. Once the verdict is announced, I will be discussing the breaking news and implications on Twitter.
Amee Vanderpool writes the SHERO Newsletter and is an attorney, published author, contributor to newspapers and magazines, and analyst for BBC radio. She can be reached at avanderpool@gmail.com or follow her on Twitter @girlsreallyrule.
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Someday this little punk won’t have his AR on him and the “past due” karma payment will be garnished.
Given the "gaming of the system" by the Judge, as well as some (to me) clear prosecutorial errors, I'd be shocked if Rittenhouse received anything more than a legal "slap on the wrist", if not an outright acquittal.