Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Explainer: What charges does Kyle Rittenhouse face?

Kyle Rittenhouse faces multiple charges for shooting three men, killing two, during a protest against police brutality in Kenosha, Wisconsin, in August 2020

Via AP news wire
Tuesday 02 November 2021 09:39 GMT
Kenosha Protest Shootings
Kenosha Protest Shootings (2017, Sean Krajacic, Kenosha News, All rights reserved)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Opening statements were expected Tuesday in the trial of Kyle Rittenhouse who shot three men, killing two of them and wounding the third, during a protest against police brutality in Kenosha Wisconsin, last year. Rittenhouse has argued he fired in self-defense after the men attacked him.

Here's a look at the charges:

FIRST-DEGREE RECKLESS HOMICIDE, USE OF A DANGEROUS WEAPON

This felony charge is connected 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 flees behind a car and Rosenbaum follows. No video of the moment Rittenhouse pulled the trigger has surfaced yet if any exists. Richard McGinnis, a reporter who was trailing Rittenhouse, told investigators that Rosenbaum tried to grab Rittenhouse's gun, according to the criminal complaint.

Reckless homicide differs from intentional homicide in that prosecutors aren't alleging Rittenhouse intended to murder Rosenbaum. Instead, they're alleging Rittenhouse caused Rosenbaum's death by showing an utter disregard for human life.

Former Waukesha County District Attorney Paul Bucher said prosecutors' decision to charge reckless instead of intentional homicide shows they don't know what happened between Rittenhouse and Rosenbaum and what might have been going through Rittenhouse's mind when he pulled the trigger.

The charge is a felony punishable by up to 60 years in prison. The dangerous weapon modifier carries another five years.

FIRST-DEGREE RECKLESSLY ENDANGERING SAFETY, USE OF A DANGEROUS WEAPON

This felony charge is also connected to the Rosenbaum shooting. McGinnis told investigators he was in the line of fire when Rittenhouse shot Rosenbaum. The charge is punishable by 12 1/2 years in prison. The weapons modifier carries another five years.

FIRST-DEGREE INTENTIONAL HOMICIDE, USE OF A DANGEROUS WEAPON

This charge is connected to Anthony Huber s death. Video shows Rittenhouse running down the street after shooting Rosenbaum when he falls to the street. Huber leaps at him and swings a skateboard at his head and neck and tries to grab Rittenhouse's gun before Rittenhouse fires. The criminal complaint alleges Rittenhouse aimed the weapon at Huber.

Intentional homicide means just that — a person killed someone and meant to do it. Bucher said that if Rittenhouse pointed the gun at Rosenbaum and pulled the trigger that would amount to intentional homicide. However, self-defense would trump the charge.

“Why I intended to kill this individual makes the difference,” Bucher said.

The count carries a mandatory life sentence. The weapons modifier would add up to five years.

ATTEMPTED FIRST-DEGREE INTENTIONAL HOMICIDE, USE OF A DANGEROUS WEAPON

This is the charge for Rittenhouse shooting Gaige Grosskreutz in the arm seconds after he shot Huber, and as Grosskreutz came toward him holding a pistol. Grosskreutz survived. Video shows Rittenhouse pointing his gun at Grosskreutz and firing a single round.

The charge carries a maximum sentence of 60 years. The weapons modifier would add up to five more years.

FIRST-DEGREE RECKLESSLY ENDANGERING SAFETY, USE OF A DANGEROUS WEAPON

Video shows an unknown man leaping at Rittenhouse and trying to kick him seconds before Huber moves his skateboard toward him. Rittenhouse appears to fire two rounds at the man but apparently misses as the man runs away.

This charge is a felony punishable by 12 1/2 years in prison. The weapons modifier again would add up to five more years.

POSSESSION OF A DANGEROUS WEAPON BY A PERSON UNDER 18

Rittenhouse was armed with an AR-style semiautomatic rifle. He was 17 years old on the night of the shootings. Wisconsin law prohibits minors from possessing firearms except for hunting.

The charge is a misdemeanor punishable by up to nine months behind bars.

FAILURE TO COMPLY WITH AN EMERGENCY ORDER FROM STATE OR LOCAL GOVERNMENT

Kenosha officials imposed an 8 p.m. curfew the night of the shootings. Rittenhouse was still on the streets as midnight approached. The offense is punishable by up to $200 in forfeitures.

___

Find AP’s full coverage on the trial of Kyle Rittenhouse at: https://apnews.com/hub/kyle-rittenhouse

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in