MADISON, WIS. – Kyle Rittenhouse shot three men, killing two of them and injuring a third, during a protest against police brutality in Kenosha, Wisconsin, last year. Rittenhouse argued that he opened fire in self-defense after the men attacked him.
Below are the charges prosecutors brought before the court, as well as the lesser charges the judge brought before the jury in his final instructions.
COUNT 1: HOMICIDE FIRST COMMENTS, USE DANGEROUS WEAPONS
This felony charge is related to the death of Joseph Rosenbaum, the first man Rittenhouse shot. Bystander video shows Rosenbaum chasing Rittenhouse through a parking lot and throwing a plastic bag at him. Rittenhouse fled behind a car and Rosenbaum followed. Video presented at the trial showed Rittenhouse spinning around and shooting as Rosenbaum chased him. Richie McGinniss, a reporter who was tracking Rittenhouse, testified that Rosenbaum rushed in for Rittenhouse’s gun.
Reckless murder differs from intentional homicide in that prosecutors did not allege that Rittenhouse intended to kill Rosenbaum. Instead, they allege that Rittenhouse caused Rosenbaum’s death under circumstances that demonstrated a complete disregard for human life.
This offense carries a penalty of up to 60 years in prison. The Dangerous Weapons Modifier has an additional five-year term.
COUNT 2: FIRST DURABILITY GET SAFETY WHEN USING DANGEROUS WEAPONS
This charge is related to the shooting of Rosenbaum. McGinniss told investigators he was in flames when Rittenhouse shot Rosenbaum. The charge carries a penalty of 12 and a half years in prison. Weapon modifiers extend by five years.
COUNT 3: FIRST DURABILITY GET SAFETY WHEN USING DANGEROUS WEAPONS
Video shows an unnamed man jumping into Rittenhouse and attempting to kick him for a few seconds before Anthony Huber moves his skateboard towards him. Rittenhouse appeared to fire two shots at the man but apparently missed as the man fled.
This charge is a felony punishable by 12 and a half years in prison. Weapon Modifiers will once again last another 5 years.
COUNT 4: HOMICIDE RELATED TO THE FIRST LEVEL, USE OF DANGEROUS WEAPONS
This accusation caused Huber’s death. Video shows Rittenhouse running down the street after shooting Rosenbaum as he fell into the street. Huber lunged at him and swung his skateboard over his head and neck and tried to get Rittenhouse’s gun before Rittenhouse opened fire. The lawsuit alleges Rittenhouse aimed a weapon at Huber.
Intentional murder just means – a person has killed someone and intends to do it. A sentence means a mandatory life sentence. Weapon modifiers can last up to five years.
The jury was also given the choice of second-degree intentional homicide and first-degree reckless homicide in Huber’s death.
Intentional second-degree murder is punishable by up to 60 years in prison.
The first degree reckless murder charge sought in Huber’s death matches the original charge in Rosenbaum’s death – it would require jurors to decide that Rittenhouse caused Huber’s death with complete disregard for human life – and punishable by up to 60 years in prison.
COUNT 5: BEEN FIRST LEVEL AWESOME WEAPONS, USE DANGEROUS WEAPONS
This is alleging Rittenhouse shot Gaige Grosskreutz in the hand seconds after he shot Huber, and when Grosskreutz approached him with a pistol. Grosskreutz survived. Video shows Rittenhouse pointing a gun at Grosskreutz and firing one shot.
The maximum sentence is 60 years. Weapon modifiers can last another 5 years.
The jury was also selected to consider second-degree intentional homicide and first-degree reckless endangerment.
The possible penalty for second-degree murder is 30 years. Attempting to cause danger by first degree recklessness carries a penalty of up to 12 and a half years.
COUNT 6: DANGEROUS WEAPONS BY PEOPLE BELOW 18
The judge dismissed the allegation on Monday.
Rittenhouse is armed with an AR-style semi-automatic rifle. He was 17 years old on the night of the shooting. Wisconsin law prohibits minors from possessing firearms except when hunting or when under adult supervision during target practice or instruction in the proper use of a dangerous weapon. Rittenhouse’s attorneys argued that another subsection of the law, related to short-barreled rifles, provided grounds for dismissing the charge.
Prosecutors argued that the defense misread the statute, and Schroeder had previously twice refused to deny the charge. But the judge also said the statute was confusing. After prosecutors admitted that the rifle did not have a short barrel, Schroeder denied the allegation.
COUNT 7: NOT COMPATIBILITY WITH A EMERGENCY ORDER FROM STATE OR LOCAL GOVERNMENT
Rittenhouse was charged with being out in the street after the city instituted an 8 p.m. curfew, a minor offense that carries a fine of up to $200. The judge dismissed the allegation during the trial, saying that the prosecution had not presented enough evidence to prove it.
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