The jury deliberating Kyle Rittenhouse's fate is considering 5 charges — but can also weigh lesser crimes
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Michelle Mark
Nov 17, 2021, 02:29 IST
Kyle Rittenhouse pulls numbers of jurors out of a tumbler during his trial at the Kenosha County Courthouse on November 16, 2021 in Kenosha, Wisconsin.Sean Krajacic/Pool via Getty Images
Jury deliberations in Kyle Rittenhouse's homicide trial began Tuesday morning.
Rittenhouse, 18, faces five felony charges related to the Kenosha shootings in August 2020.
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A jury on Tuesday began deliberating the fate of Kyle Rittenhouse, the 18-year-old accused of fatally shooting two men and injuring a third amid unrest in Kenosha, Wisconsin, in August 2020.
Rittenhouse, who pleaded not guilty and has testified that he opened fire in self-defense, is facing five felony charges.
In a last-minute victory for prosecutors on Friday, Kenosha County Circuit Judge Bruce Schroeder agreed to allow the jury to consider lesser charges on certain counts Rittenhouse faces.
But in a win for Rittenhouse, Schroeder also dismissed a misdemeanor gun charge against him on Monday. Schroeder noted that the Wisconsin gun law was poorly worded and technically did not prohibit 17-year-olds from carrying long-barreled rifles. Rittenhouse was 17 at the time of the shootings. Schroeder also dismissed a citation against Rittenhouse for violating Kenosha's curfew that night.
Here are explanations of the five counts Rittenhouse faces, as well as a breakdown of the lesser charges the jury has been instructed to consider:
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First-degree reckless homicide, use of a dangerous weapon
The first charge is related to the death of 36-year-old Joseph Rosenbaum, the first man Rittenhouse shot on August 25, 2020. According to the instructions given to jurors, the charge is applied when a person "recklessly causes the death of another human being under circumstances that show utter disregard for human life."
Prosecutors alleged that Rittenhouse provoked this initial encounter by pointing his rifle at an associate of Rosenbaum's, Joshua Ziminski. Rittenhouse and his attorneys denied this and said the blurry drone video prosecutors cited didn't show Rittenhouse pointing his weapon.
The charge carries a maximum sentence of 60 years in prison. The "use of a dangerous weapon" modifier could add up to five additional years.
First-degree recklessly endangering safety, use of a dangerous weapon
The second charge accuses Rittenhouse of recklessly endangering the safety of Richie McGinniss, the videographer and witness who testified that Rosenbaum had chased Rittenhouse and lunged for the teenager's gun.
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McGinniss testified that he had been running some 15 feet behind Rosenbaum just moments before the shots went off. He said he "did alter my trajectory a little bit" when he saw Rittenhouse turn and Rosenbaum lunge for the rifle.
The charge carries a maximum sentence of 12.5 years in prison, and the "use of a dangerous weapon" modifier could add up to five additional years.
First-degree recklessly endangering safety, use of a dangerous weapon
The third charge is related to an unidentified man that prosecutors and defense attorneys have referred to as "Jump Kick Man." A number of videos and photos from August 25, 2020 show a man dressed in a hoodie, white jeans, and a hat running up to Rittenhouse after the teenager fell to the ground.
Jump Kick Man could be seen leaping in the air and aiming a kick at Rittenhouse's head. Rittenhouse fired two shots at the man, but missed him.
Though prosecutors sought to downplay the threat Jump Kick Man posed to Rittenhouse by noting that he appeared unarmed, Rittenhouse said he feared the man could seriously injure or even kill him.
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"As he's running at me and jumping, as his boot is making contact with my face, I fired two shots at him," Rittenhouse testified. "I thought if I were to be knocked out, he would've stomped my face in if I didn't fire."
The charge carries a maximum sentence of 12.5 years in prison, and the "use of a dangerous weapon" modifier could add up to five additional years.
First-degree intentional homicide, use of a dangerous weapon
The most serious charge Rittenhouse faces is related to the death of Anthony Huber, who was seen in multiple videos striking Rittenhouse with a skateboard before the teenager opened fire.
Unlike the reckless homicide charge related to the Rosenbaum shooting, intentional homicide means prosecutors are alleging that Rittenhouse directly intended to cause Huber's death and did not simply "show utter disregard for human life."
Schroeder has permitted jurors to consider two lesser charges for this count: second-degree intentional homicide, and first-degree reckless homicide.
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Rittenhouse testified that Huber struck him once with his skateboard, then a second time after Rittenhouse had fallen to the ground and gotten kicked by Jump Kick Man.
"He grabs my gun, and I can feel it pulling away from me, and I can feel the strap starting to come off my body. I fire one shot," Rittenhouse testified.
Prosecutors scoffed at the notion that Huber and his skateboard posed a deadly threat to Rittenhouse.
"If you're scared, those are excuses. Those are not legal justifications to kill. They do not erase your personal responsibility for your own actions," Assistant District Attorney Thomas Binger said in his closing statement. "There is no doubt that the defendant intended to kill Anthony Huber or committed conduct that was practically certain to kill Anthony Huber."
First-degree intentional homicide comes with a mandatory life sentence. The lesser charges, second-degree intentional homicide and first-degree reckless homicide, each carry maximum sentences of 60 years. Similar to the other charges, the "use of a dangerous weapon" modifier could add up to five additional years.
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Attempted first-degree intentional homicide, use of a dangerous weapon
The final charge Rittenhouse faces is related to the shooting of Gaige Grosskreutz, who survived but lost his right bicep.
Videos and photos showed Grosskreutz running up to Rittenhouse immediately after Huber was shot. Grosskreutz, who was wielding a pistol, initially put his hands in the air, but then darted forwards towards Rittenhouse, who opened fire.
Grosskreutz testified that when his hands were in the air, he saw Rittenhouse "reracking" his rifle and believed it meant the teenager wasn't accepting his surrender. In his testimony, Rittenhouse denied reracking his rifle and said he opened fire only when Grosskreutz dropped his hands, moved towards Rittenhouse, and pointed his handgun at him.
Schroeder ruled that the jury could consider two lesser charges on this count as well: attempted second-degree intentional homicide, and first-degree reckless endangerment.
Attempted first-degree intentional homicide carries a maximum sentence of 60 years, attempted second-degree intentional homicide carries a maximum sentence of 30 years, and first-degree reckless endangerment carries a maximum sentence of 12.5 years. The "use of a dangerous weapon" modifier could add up to five additional years.
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