Kenosha unrest shooting

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Kenosha unrest shooting
Part of Kenosha unrest
LocationKenosha, Wisconsin, U.S.
Coordinates42°34′49″N 87°49′17″W / 42.58028°N 87.82139°W / 42.58028; -87.82139Coordinates: 42°34′49″N 87°49′17″W / 42.58028°N 87.82139°W / 42.58028; -87.82139
DateAugust 25, 2020
11:48 – 11:49 p.m. (CDT)
WeaponsSmith & Wesson M&P15
Deaths2
Injured1
AccusedKyle Rittenhouse
VerdictOngoing trial

On August 25, 2020, amid the Kenosha unrest that had been precipitated by the police shooting of Jacob Blake, Kyle Rittenhouse, a then 17-year-old from Antioch, Illinois, shot and killed two people and wounded another during multiple confrontations at two locations.[1][2] He was armed with a Smith & Wesson M&P15 rifle,[3] and one of the individuals shot by Rittenhouse had a handgun.[4]

At the first location, Rittenhouse was pursued by a group, a gunshot was fired into the air by a third party, and Kenosha resident Joseph Rosenbaum lunged at Rittenhouse and attempted to take his rifle. Rittenhouse then fired at Rosenbaum four times, and he died shortly afterwards.[5][6] At the second location, Rittenhouse tripped while fleeing, a man kicked him, and Rittenhouse fired at the man twice but missed.[7][8] While still on the ground, protestors approached Rittenhouse, and Silver Lake resident Anthony Huber struck Rittenhouse with a skateboard and struggled for control of his rifle. Rittenhouse then fired at Huber once, killing him.[9][10] West Allis resident Gaige Grosskreutz then approached Rittenhouse while holding a handgun, and Rittenhouse shot him once, severing his bicep.[9][11]

Rittenhouse was arrested and charged with multiple counts of homicide and unlawful possession of a firearm, and another teen was arrested and charged with unlawfully supplying Rittenhouse's rifle.[12] Rittenhouse's attorneys say he acted in self-defense upon hearing firearm discharge and in response to the physical confrontations from protesters.[1] Public sentiment and media coverage of the shootings was polarized.[13] A trial for Rittenhouse is scheduled to begin on November 1, 2021, in Kenosha.[14]

Background[]

Main articles: Shooting of Jacob Blake and Kenosha unrest

On August 23, 2020, Jacob Blake, an African American man, was shot four times in the back by a Kenosha police officer after he was tasered.[15][16][17] Blake was shot after he opened the door to his SUV, while leaning into the vehicle.[18] He is paralyzed from the waist down.[19][20] The police shooting was followed by protests as part of the Black Lives Matter movement, which saw a resurgence in the wake of several other high-profile killings by police officers in 2020. The Kenosha protests included rallies, marches, property damage, arson, and clashes with police.[21]

In response to the George Floyd protests, which preceded the Kenosha protests, former Kenosha alderman Kevin Mathewson announced the formation of a militia group he called the Kenosha Guard. On August 25, he put out a call on Facebook for "patriots willing to take up arms and defend" Kenosha, which received a heavy online response.[22] Kenosha Mayor John Antaramian and County Sheriff David Beth expressed their disapproval of armed civilians patrolling the streets,[23] while police officers were seen in a video giving them water and were heard saying, "We appreciate you guys, we really do."[24] Sheriff Beth later said that ahead of Tuesday night's protests, a group of armed individuals had asked him to deputize them so they could patrol the city of Kenosha, which he refused. He said he did not know if Rittenhouse had been part of the group, but the possibility of an incident occurring was why he had refused the request.[25]

Kyle Rittenhouse[]

Kyle Rittenhouse was described as having participated in local police cadet programs and expressing support on social media for the Blue Lives Matter movement and law enforcement,[26][3][27] and had attended a Trump rally in Des Moines seven months prior to the shootings.[28][3] At the time, Rittenhouse lived in Antioch, Illinois, one mile south of the border with Wisconsin.[7][3]

In the hours leading up to the shooting, Rittenhouse appeared in multiple videos by protesters and bystanders, including in two interviews: One by a livestreamer at a car dealership where he and a number of other armed men had stationed themselves, the other by Daily Caller reporter Richie McGinniss.[29] Rittenhouse was seen talking with police officers,[29][30] and offering medical aid to those who were injured.[31][32] Some of the men at the dealership were affiliated with the Kenosha Guard,[33] but they denied any affiliation with Rittenhouse and their leader said he never met or communicated with him.[34]

According to his attorneys, after he had heard about a local business owner who wanted help defending his car dealership, he and his friend Dominick David Black "armed themselves with rifles" and went to that business.[35] The dealership had suffered $1.5 million in arson damage the previous night.[36][37] When McGinniss asked Rittenhouse why he was at the car dealership, he responded: "So, people are getting injured, and our job is to protect this business. Part of my job is also to help people. If there is somebody hurt, I'm running into harm's way. That's why I have my rifle, because I have to protect myself, obviously. I also have my med kit." At some point, Rittenhouse left the dealership and was prevented by police from returning.[29]

Details[]

The location at 60th and Sheridan where shooting victim Anthony Huber died

Events leading up to the shooting[]

The five confrontations and subsequent shooting took place shortly before midnight on August 25, 2020, along Sheridan Road, Kenosha, where protesters went after clashes with law enforcement and being expelled from Civic Center Park.[4]

Protesters were recorded on video pushing a burning dumpster through a crowd, towards a gas station. A guard, dressed in similar clothing to Rittenhouse – a green shirt, cap, and bag – put out the dumpster fire, which enraged Rosenbaum, who shouted at the guard. More arson took place and was recorded on video. Someone with identical features to Rittenhouse – having the same build, clothing, and rifle; and also wearing brown shoes, blue gloves, and an orange medical kit – was then seen running with a fire extinguisher. According to Rittenhouse's defense attorneys, the person with the fire extinguisher was indeed Rittenhouse, and what was not recorded on video was that he used it to put out one of the fires, which provoked a confrontation by Rosenbaum, who mistook Rittenhouse for the guard who had put out the dumpster fire earlier.[38][39]

First major confrontation[]

The beginning of the first confrontation between Rittenhouse and Rosenbaum was witnessed by McGinniss to whom it seemed that Rosenbaum and other protesters were moving toward Rittenhouse, who was trying to evade them; Rosenbaum then tried to "engage" Rittenhouse, but Rittenhouse managed to avoid this by sidestepping and running away.[40][41]

The remainder of Rosenbaum's confrontation, and the following incidents with Huber and Grosskreutz, were recorded in cellphone footage from multiple angles, including the moments of the shooting.[42] Video footage showed Rittenhouse being pursued across a parking lot by Rosenbaum,[29] who threw something in Rittenhouse's direction,[43][41] identified as a plastic bag.[40] As Rittenhouse was running from Rosenbaum, two shots could be heard, one from an unknown third party, fired for an unknown reason, and one from Joshua Ziminski, who fired a self-described "warning shot" into the air,[44] causing Rittenhouse to stop running and turn towards the sound of Ziminski's shot.[29] McGinniss stated that the sound of the shot was the moment Rittenhouse "went from running away to aiming his weapon."[44]

Then, according to Kenosha County prosecutors, Rosenbaum engaged Rittenhouse and tried to take his rifle from him.[45][46][5] Rittenhouse then fired four shots, hitting Rosenbaum in the groin, back, and left hand. The bullets fractured Rosenbaum's pelvis, perforated his right lung and liver, and caused additional minor wounds to his left thigh and forehead.[10] Rittenhouse remained near Rosenbaum as McGinniss began administering first aid. Rittenhouse then made a phone call and was heard saying "I just killed somebody," and then fled as more protesters arrived.[5] Rosenbaum died shortly afterwards.[10]

Second major confrontation[]

Video from another angle then showed Rittenhouse being chased down the street by several protesters, one of whom allegedly struck him from behind in the head, knocking off his cap,[47] shortly after which Rittenhouse tripped and fell to the ground.[48] According to the criminal complaint, at that point, protesters were heard on two different videos yelling "Beat him up!," "Get him! Get that dude!," and "Get his ass!"[40] One of the men who had been chasing him allegedly jumped and kicked Rittenhouse while he was still on the ground – Rittenhouse fired twice but missed the man.[7]

Next, according to court records and video footage, another protester, Anthony Huber, "made contact" with Rittenhouse's left shoulder with a skateboard as the pair struggled for control of the gun.[49][50][51][10] As Huber was pulling on the rifle, Rittenhouse fired once, hitting Huber in the chest, perforating his heart and right lung, causing his rapid death.[40][52]

Third major confrontation and Rittenhouse's departure[]

Gaige Grosskreutz approached Rittenhouse while he was still on the ground but stopped and put his hands up when Huber was shot. A complaint filed by the Kenosha County Clerk of Courts stated that Grosskreutz appeared to be holding a handgun,[53] which Grosskreutz later confirmed.[54] When Grosskreutz moved again towards Rittenhouse, Rittenhouse shot Grosskreutz in the arm, severing most of his bicep.[9][55][56] At least 16 gunshots from other sources were heard on video during the time that Rittenhouse was on the ground.[29]

Rittenhouse subsequently got back to his feet and walked towards police with his hands up and the rifle strapped across his chest.[57] The police did not appear to acknowledge Rittenhouse and allowed him to leave, though several witnesses and protesters were shouting for him to be arrested.[42][58] When asked at a press conference why Rittenhouse was not stopped, Kenosha Sheriff David Beth said, "In situations that are high-stress, you have such incredible tunnel vision" and implied officers may not have realized he had been involved in the shooting.[59] Likewise, Kenosha Police Chief Daniel Miskinis said that "there was nothing to suggest this individual was involved in any criminal behavior" due to the fact that someone walking towards the police with their hands up was "no longer abnormal" in the wake of the protests.[60]

Aftermath[]

National Guard troops at Bradford High School on September 1, 2020
See also: Kenosha unrest § Later developments

Protests unrelated to the Kenosha unrest shooting continued daily through August 29, when about 1,000 people participated in a march and rally. On August 28, 2020, the state had deployed nearly 1,000 National Guard troops and more than 200 federal agents.[61] The Michigan National Guard, Arizona National Guard, and Alabama National Guard all sent troops to assist.[62] President Donald Trump visited Kenosha on September 1, 2020, to see the damage caused by the unrest and to praise law enforcement.

Rittenhouse arrest and extradition[]

On August 26, 2020, Rittenhouse turned himself in on charges of first-degree intentional homicide in his home state of Illinois.[63] He was labeled a "fugitive from justice" in the criminal complaint, which alleged that he "fled the state of Wisconsin with intent to avoid prosecution for that offense." He was assigned a public defender and initially scheduled to appear at an extradition hearing on August 28.[64] On that day, a judge granted a request to delay the hearing until September 25 so that Rittenhouse could obtain his own counsel.[2] Under Wisconsin state law,[27] he will be charged as an adult.[65] While awaiting extradition Rittenhouse was held in a juvenile facility in Illinois.[66]

The complaint against Rittenhouse lists six charges:

  • first-degree reckless homicide against Joseph Rosenbaum
  • first-degree recklessly endangering safety against Richard McGinnis (a reporter who interviewed Rittenhouse before the shooting)[67]
  • first-degree intentional homicide against Anthony Huber
  • attempted first-degree intentional homicide against Gaige Grosskreutz
  • first-degree recklessly endangering safety against an unknown male victim
  • possession of a dangerous weapon by a person under 18 (the only misdemeanor charge, the others are felonies)[68][69][70]

Each felony charge comes with a "use of a dangerous weapon" modifier,[68] which invokes a Wisconsin law that prescribes an addition of no more than five years of imprisonment for each of the charges if found guilty.[71] According to the prosecutors, the gun was "later recovered by law enforcement and identified as a Smith & Wesson AR-15 style .223 rifle".[68] In a jailhouse interview with The Washington Post, Rittenhouse said he cashed a coronavirus stimulus check to purchase the AR-15 rifle.[72][73]

Texas Attorney L. Lin Wood and the law firm Pierce Bainbridge were representing Rittenhouse.[74] Criticized by Kenosha County prosecutor Thomas Binger, and under a burden of massive debt, controversial California attorney John M. Pierce withdrew from his representation in the criminal case, but remained as counsel and a fundraiser in the civil litigation.[75] Wood and his "FightBack Foundation," refocused its efforts on challenging the 2020 presidential election's results.[75]

On August 29, 2020, the legal team for Rittenhouse released a statement asserting that Rittenhouse acted in self-defense[40] and was wrongly arrested.[76] On September 22, Rittenhouse's defense team released an 11-minute narrated video of the night, consisting of quick cuts between various angles. The video contends that several shots were fired before and after the shooting of Rosenbaum, and that Rosenbaum may have started chasing Rittenhouse because he mistook him for a man with whom he had a dispute earlier.[38]

On October 30, an Illinois court ruled that the extradition request was valid, and Rittenhouse was transported to Wisconsin on the same day.[77][78]

Rittenhouse bail[]

Rittenhouse was released from detention on November 20, after his attorneys posted $2 million bail.[79][80] His release came over the objections of family members and lawyers for three of the men he shot, who had asked for higher bail and expressed concerns that Rittenhouse may flee, which his lawyers assured would not occur.[81] Rittenhouse pleaded not guilty to all charges on January 5, 2021.[82]

Later, the prosecutors in the case argued that the terms of Rittenhouse's bond should be amended to include a prohibition from association with white supremacists. Security footage obtained from the Mt. Pleasant, Wisconsin police showed Rittenhouse drinking beers in a bar, wearing a shirt that said "Free as Fuck," and posing for pictures alongside five men who sang "Proud of Your Boy", a song used by members of the Proud Boys far-right political organization. A photo of Rittenhouse with two of them, flashing an "OK" sign, a hand gesture frequently used by white supremacists, accompanied the prosecutors' motion.[83][84] The conditions of his release were changed on January 22 so that he cannot consume alcohol, have access to firearms, or associate with persons or groups known to be a threat to others based on race or religion.[85]

A warrant for Rittenhouse's arrest was requested on February 3, after a mailed notice about a scheduled court appearance was returned as undeliverable. Prosecutors say that he was required to file an address change within 48 hours of moving.[86] Rittenhouse's attorney said that Rittenhouse had been staying at an undisclosed address out of concern for his safety. His team had offered to provide the new address to prosecutors if they could guarantee its secrecy from the public, but the district attorney had declined on the grounds that the information is public record.[87] The district attorney told Rittenhouse's attorneys they could move for the judge to seal the public record, but they never filed such a motion.[88] Prosecutors asked for a $200,000 increase in Rittenhouse's bond.[89] Judge Bruce Schroeder denied the prosecutors requests at a hearing on February 11, stating that people out on bail often fail to update their address without being arrested.[90]

Rittenhouse trial[]

Rittenhouse's trial is scheduled to begin on November 1, 2021, in Kenosha, and is being presided over by Judge Bruce Schroeder.[14] At a hearing on September 17, Judge Schroeder denied prosecutor's requests to admit as evidence Rittenhouse's outing with Proud Boys members and a previous fight he was involved in, arguing that the incidents were too dissimilar to be used as evidence of Rittenhouse's mindset during the shootings.[91][92]

Other litigation[]

In November 2020, a 19-year-old was charged with two felony counts of intentionally selling a rifle to Rittenhouse, then a minor. Bond was set at $2,500.[93]

A lawsuit was filed in September by plaintiffs including the girlfriend of Anthony Huber, seeking damages from Rittenhouse, Facebook, the far-right group Boogaloo Bois, and the Kenosha Guard militia and its "commander". The suit alleged negligence on the part of Facebook in allowing the Kenosha Guard to call for militia members on its platform, and alleged that the defendants had participated in a conspiracy to violate their civil rights. The suit was withdrawn by the plaintiffs without comment and dismissed with prejudice in the last week of January 2021.[94]

Gaige Grosskreutz, who was wounded, and the parents of Anthony Huber, who was killed by Rittenhouse, each filed $10 million claim notices on January 4, 2021, with both the city and county, alleging negligence due to inaction in protecting their rights.[95] On August 17, 2021, Huber's parents filed a lawsuit against the Kenosha Police Department and Kenosha County Sheriff's Department, claiming that law enforcement allowed Rittenhouse to harm people peacefully protesting the police shooting of Jacob Blake.[96]

Responses[]

A man holds a "Free Kyle" sign near Bradford High School during President Donald Trump's visit on September 1, 2020

Public sentiment regarding the shootings was polarized. Coverage was both critical and supportive of Rittenhouse's actions, and used terms such as "vigilante" and "terrorist", but also "volunteer" and "maintaining peace" to describe him.[13]

Support[]

Several commentators defended his actions. Fox News host Tucker Carlson blamed authorities for failing to stop looting and arson, and added, "How shocked are we that 17-year-olds with rifles decided they had to maintain order when no one else would?"[97][98] His comments were met with backlash on social media.[99] Conservative pundit Ann Coulter and retired baseball player Aubrey Huff also praised Rittenhouse.[100][101][102]

President Trump "liked" a tweet that included "Kyle Rittenhouse is a good example of why I decided to vote for Trump."[103][104][105] In public comments, Trump showed some support for the idea that Rittenhouse was acting in self-defense.[106][107][108] In November 2020, shortly after Rittenhouse was released on bail, Florida state representative Anthony Sabatini tweeted "KYLE RITTENHOUSE FOR CONGRESS".[109] Sabatini was widely criticized by political opponents for the tweet with some urging him to resign.[110][111]

As of September 29, 2020, the Christian crowdfunding website GiveSendGo had raised over half a million dollars to help pay Rittenhouse's legal fees.[112] By December 17, 2020 this funding had reached around $586,000.[113]

Criticism[]

The Guardian referred to Rittenhouse as a "white armed extremist".[114] Massachusetts Representative Ayanna Pressley described Rittenhouse as a "white supremacist domestic terrorist [who] drove across state lines, armed with an AR-15."[13] Facebook labelled the incident as a "mass murder";[115] expressions of support for mass murders are banned on Facebook, though support for Rittenhouse was generally not removed.[116]

Other commentators were critical of the fact that Rittenhouse was not immediately arrested despite witnesses shouting that he was the shooter.[117][42][118] The American Civil Liberties Union (ACLU) called for the resignations of Kenosha Police Chief Daniel Miskinis and of Kenosha Sheriff David Beth. The ACLU statement argued that Beth's deputies fraternized with "white supremacist counter-protesters" during the day of the shooting and did not arrest the shooter. The statement attacked Miskinis for blaming the victims in the shooting when he said that the violence was the result of the "persons" involved violating curfew.[119] The Kenosha mayor stated that he would not ask the sheriff or police chief to resign.[120]

Responses by authorities[]

NBC News obtained a Department of Homeland Security internal document and reported that it directed federal law enforcement officials to make "neutral" statements regarding Rittenhouse, such as "[Rittenhouse] is innocent until proven guilty and deserves a fair trial based on all the facts, not just the ones that support a certain narrative".[121]

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