Black man shot in Kenosha, riots starting all over again...

[Expat]

"Re-racked" - I see it a lot on TV, you know, when the character racks the slide several times before employing the weapon.

The action that makes you think either "why is he waiting until now to chamber a round," or "didn't he just eject a round on the ground?"

I think there's an entire thread dedicated to a tragedy that occurred because movie people often have NO IDEA how firearms really work.

It is hilarious when in almost every room of the house they are going through they have to rack their pistol or shotgun... they must be leaving unfired cartridges everywhere they go.

 

[DoggyDaddy]

It is hilarious when in almost every room of the house they are going through they have to rack their pistol or shotgun... they must be leaving unfired cartridges everywhere they go.

Probably like Hansel and Gretel leaving a trail of breadcrumbs so they can find their way back out.

 

[printcraft]

It is hilarious when in almost every room of the house they are going through they have to rack their pistol or shotgun... they must be leaving unfired cartridges everywhere they go.

 

[terrehautian]

The Kenosha Kid is going to walk.....as he should.

I think they will convict him on the misdemeanor of having a gun while being under 17, everything else should be not guilty. If they do convict, it will be a political conviction over "guilty beyond a shadow of a doubt" conviction.

https://www.usnews.com/news/us/articles/2021-11-02/explainer-what-charges-does-kyle-rittenhouse-face

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.

This is self defense unless the defense has proof it wasn't beyond a shadow of a doubt. I think the defense already has a good case for all the non possession of a firearm while under 18 charges of self defense.

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.

If the defense says this was self defense shooting, they can't convict here either.

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.

Head being bashed in by a skate board and shooting who did it is self defense.

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.

Grosskreutz already said in the court room he was advancing on KR with his own gun drawn (which he didn't have a current carry license, it had expired) before he was shot. This was when the prosecutor buried his head in his hands.

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.

Self defense here, being attacked.

These two are the only things he could be found guilty of in my opinion.

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.

There is no way he isn't guilty unless jury nullification.

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.

Guilty, big whoop.

 

[BigRed]

I think they will convict him on the misdemeanor of having a gun while being under 17, everything else should be not guilty. If they do convict, it will be a political conviction over "guilty beyond a shadow of a doubt" conviction.

https://www.usnews.com/news/us/articles/2021-11-02/explainer-what-charges-does-kyle-rittenhouse-face

This is self defense unless the defense has proof it wasn't beyond a shadow of a doubt. I think the defense already has a good case for all the non possession of a firearm while under 18 charges of self defense.



If the defense says this was self defense shooting, they can't convict here either.



Head being bashed in by a skate board and shooting who did it is self defense.



Grosskreutz already said in the court room he was advancing on KR with his own gun drawn (which he didn't have a current carry license, it had expired) before he was shot. This was when the prosecutor buried his head in his hands.



Self defense here, being attacked.

These two are the only things he could be found guilty of in my opinion.



There is no way he isn't guilty unless jury nullification.



Guilty, big whoop.

I have yet to see where the Kenosha Kid was an aggressor...Time will tell if there is a jury capable of critical thinking.

 

[terrehautian]

I agree, he was the reactor. I think he was dumb for being there but that isn't a crime in itself.

 

[BigRed]

I agree, he was the reactor. I think he was dumb for being there but that isn't a crime in itself.

He may have been dumb to be there.

The same could be said of folks that are forced to render fruits of their labor to state and then expect state to show up and defend their property.

 

[Tombs]

I agree, he was the reactor. I think he was dumb for being there but that isn't a crime in itself.

"Dumb for being there" is a dumb argument.

So were the protestors. So was every single person remaining in the city or continuing to live there.
It's pretty irrelevant to whether he had a right to defend himself.

 

[BigRed]

What's the old saying? Show me the man, I'll show you the crime?

All it takes is an administrative state.

 

[terrehautian]

"Dumb for being there" is a dumb argument.

So were the protestors. So was every single person remaining in the city or continuing to live there.
It's pretty irrelevant to whether he had a right to defend himself.

I don't disagree, which is why he shouldn't be found guilty on anything but the weapons and curfew charge. The curfew charge should be dropped unless htey plan on charging everyone that was out. The weapons charge can't be argued that he shouldn't be guilty, sadly. Jury nullification is the only option there and I doubt it.

 

[Mikey1911]

What's the old saying? Show me the man, I'll show you the crime?

Lavrentiy Pavlovich Beria (1899-1953)
—or is it Lavrentiy Pavlovich Brandon?

 

[Knight Rider]

So the “kid” gets tried as an adult on charges for which he will likely be acquitted but will be convicted on a charge that requires him to be considered a “kid”. This is all so wrong.

 

[BigRed]

It is hilarious when in almost every room of the house they are going through they have to rack their pistol or shotgun... they must be leaving unfired cartridges everywhere they go.

You guys joke....

Revolvers are safer and more reliable..

I want a revolver that fires dozens of shots without reloading.

Of course, Lincoln may still be pondering a single shot black powder cap and ball derringer from Philadelphia.

 

[Hatin Since 87]

This is gonna be good

 

[terrehautian]

So the “kid” gets tried as an adult on charges for which he will likely be acquitted but will be convicted on a charge that requires him to be considered a “kid”. This is all so wrong.

If convicted, could he appeal and get it tossed?

 

[KLB]

I don't disagree, which is why he shouldn't be found guilty on anything but the weapons and curfew charge. The curfew charge should be dropped unless htey plan on charging everyone that was out. The weapons charge can't be argued that he shouldn't be guilty, sadly. Jury nullification is the only option there and I doubt it.

Curfew charge was dropped today.

Weapons charge should be as well. The law seems to be unclear, and is supposedly geared towards handguns not long guns.

 

[sharkey]

Andrew Branca has a write-up on the weapons charge here: https://legalinsurrection.com/2021/...uld-misdemeanor-gun-charge-just-be-dismissed/

 

[Hawkeye]

Wonder if he Defense will go for, and win on a directed verdict.

 

[KLB]

Wonder if he Defense will go for, and win on a directed verdict.

I doubt the judge will give one before the jury has decided the verdict.

 

[KittySlayer]

Andrew Branca has a write-up on the weapons charge here: https://legalinsurrection.com/2021/...uld-misdemeanor-gun-charge-just-be-dismissed/

Interesting read and well analyzed. It will be interesting to see how this charge shakes out in the courtroom. I do like the closing statement in the article.

Remember
You carry a gun so you’re hard to kill.

Know the law so you’re hard to convict.

Stay safe!