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On August 25, 2020, amid the unrest in Kenosha, Wisconsin, after the police shooting of Jacob Blake, Kyle Rittenhouse, a 17-year-old from Antioch, Illinois, shot and killed two men and wounded another during confrontations at two locations in Kenosha. He was armed with a semi-automatic AR-15 style rifle, while one individual wounded by Rittenhouse was armed with a handgun. Rittenhouse said he was in Kenosha to protect a car dealership from being vandalized, and to provide medical aid.

At the first location, Rittenhouse was pursued by a group that included Kenosha resident Joseph Rosenbaum. Racine resident Joshua Ziminski fired a shot into the air, after which Rittenhouse turned towards Rosenbaum. According to a witness, an unarmed Rosenbaum then lunged at Rittenhouse and attempted to take his rifle. Rittenhouse fired four times at Rosenbaum, hitting his groin, hand, thigh, head, and back; with a perforated heart, aorta, pulmonary artery and right lung, Rosenbaum died shortly afterwards.

Rittenhouse then fled the scene to a second location while being followed by a crowd of people. He tripped and fell to the ground after being hit in the head, then fired twice at an unidentified man who jump-kicked him. Others in the crowd approached Rittenhouse while he was still on the ground, and Silver Lake resident Anthony M. Huber struck Rittenhouse in the shoulder with a skateboard and struggled for control of the rifle. Rittenhouse fired at Huber once, fatally shooting him in the chest. West Allis resident Gaige Grosskreutz approached Rittenhouse while pointing a handgun at him; Rittenhouse shot Grosskreutz once in the right arm, severing his biceps muscle.

Rittenhouse was arrested in Antioch on August 26, 2021. He was extradited to Kenosha and charged with unlawful possession of a firearm, two counts of homicide, and two counts of reckless endangerment. A 19-year old Kenosha resident named Dominick Black was arrested and charged with unlawfully supplying Rittenhouse's rifle. Ziminski was charged with disorderly conduct using a dangerous weapon and arson. Public sentiment and media coverage of the shootings was polarized. The trial for Rittenhouse began on November 1, 2021, in Kenosha.

Background

On August 23, 2020, Jacob Blake, an African-American man, was shot seven times from behind by a Kenosha police officer after he was tasered. Blake was shot after he opened the door to an SUV, and was leaning into the vehicle. He is paralyzed from the waist down. 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.

The formation of the Kenosha Guard militia group was announced by former Kenosha alderman Kevin Mathewson in response to the George Floyd protests, which preceded the Kenosha protests. On August 25, Mathewson put out a call on the Kenosha Guard Facebook page for "patriots willing to take up arms and defend" Kenosha which was picked up and redistributed by the InfoWars conspiracy site run by Alex Jones. The post received a national and international online response.

Kenosha Mayor John Antaramian and County Sheriff David Beth expressed their disapproval of armed civilians patrolling the streets, while police officers were seen in a video giving them water and were heard saying, "We appreciate you guys, we really do." Sheriff Beth stated that a group of armed individuals requested he deputize them to patrol the city of Kenosha ahead of protests on August 25, 2021, which he refused. Beth said he did not know if Rittenhouse was part of the group, but the possibility of an incident occurring was why he denied the request.

Kyle Rittenhouse

At the time of the Kenosha unrest, Rittenhouse, then 17 years old, had participated in local police cadet programs, and had expressed support on social media for the Blue Lives Matter movement and law enforcement. At the time, Rittenhouse lived in Antioch, Illinois, about 20 miles from Kenosha.

According to his attorneys, after Rittenhouse learned a local business owner wanted help defending a car dealership, he and his friend Dominick David Black "armed themselves with rifles" and went to that business. The auto business with three locations had been badly damaged during the first two nights of unrest. and suffered $1.5 million in arson damage the previous night. The dealership owner's sons denied that gunmen had been asked to defend the business. Several witnesses testified that armed individuals had been asked by the business to protect their property. When Richie McGinniss, a reporter for The Daily Caller, 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.

In the hours leading up to the shooting, Rittenhouse appeared in multiple videos taken by protesters and bystanders and was interviewed twice: first by a livestreamer at the car dealership where he and a number of other armed men had stationed themselves, second by McGinniss. Rittenhouse was seen talking with police officers, and offering medical aid to those who were injured.

Sequence of events

Before the shooting

During the day of August 25, 2020, peaceful protests in Kenosha were followed by chaos where demonstrators, armed civilians and others faced off against one another and the police at night. After the city suffered building and vehicle damage the preceeding day, social media had drawn locals and outsiders, left-wing activists and right-wing militia into the city streets despite an evening curfew imposed on citizens. Some 250 National Guard were deployed to the city. Militia that included Boogaloo boys and a biker crew carrying "hatchets, ball bats, and firearms" accumulated near two gas stations south of Car Source, an automotive business with three properties (a dealership, a used car lot, and another car lot to the South). The shootings took place shortly before midnight along Sheridan Road in Kenosha after protesters were moved out of Civic Center Park following clashes with law enforcement. Police in armored vehicles drove protesters south away from the courthouse and Civic Center Park.

First confrontation

At approximately 11:48–9 pm, Rittenhouse shot Rosenbaum. Part 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 tried to engage Rittenhouse who avoided this by sidestepping and running away. Rittenhouse testified at trial that Rosenbaum had threatened to kill him. FBI infrared footage taken from an overhead airplane captured the shooting of Rosenbaum and the events immediately preceding it.

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. Video footage showed Rittenhouse being pursued across a parking lot by Rosenbaum. Rosenbaum threw a plastic bag containing socks, underwear, and deodorant at Rittenhouse. A bystander named Joshua Ziminsky fired a shot into the air, and then Rittenhouse stopped running and turned towards the sound of the shot. Rittenhouse testified at trial that prior to being chased by Rosenbaum, he heard another man tell Rosenbaum to "get him and kill him," but also knew that Rosenbaum was unarmed. Rittenhouse testified that he aimed his gun at Rosenbaum to deter him from pursuing him further.

According to Kenosha County prosecutors, Rosenbaum engaged Rittenhouse and tried to take his rifle from him. Rittenhouse fired four shots, hitting Rosenbaum in the groin, back, hand, head, and back. The bullets fractured Rosenbaum's pelvis, perforated his right lung and liver, and caused additional minor wounds to his left thigh and forehead. McGinniss began administering first aid to Rosenbaum. Rittenhouse stood over McGinniss for half a minute before fleeing, and was heard saying "I just killed somebody" on his cell phone while running from the scene. Rosenbaum died shortly afterwards.

Second confrontation

After hearing gunshots about a block away, a video journalist from The Washington Post observed Rittenhouse run past with his rifle followed by a few protesters in pursuit. According to the criminal complaint, at that point, protesters were heard on two different videos yelling "Beat him up!," "Hey he shot him!," and "Get him! Get that dude!" One individual struck Rittenhouse from behind, knocking off his cap, shortly after which Rittenhouse tripped and fell to the ground. After which others shouted "What'd he do?," "Just shot someone!," and "Get his ass!" One of the men in pursuit jumped and kicked Rittenhouse while he was still on the ground – Rittenhouse fired twice but missed the unidentified man.

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. 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.

Third confrontation

Gaige Grosskreutz, who testified that he believed Rittenhouse to be an active shooter, 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, which Grosskreutz later confirmed. Grosskreutz then moved again towards Rittenhouse a second time. Grosskreutz testified at trial that he did not intend to shoot Rittenhouse, but acknowledged pointing his handgun at him, saying that Rittenhouse opened fire only when Grosskreutz approached Rittenhouse with his handgun aimed at him. Rittenhouse then shot Grosskreutz in the arm, severing most of his right biceps muscle. At least 16 gunshots from other sources were heard on video during the time that Rittenhouse was on the ground.

After the shooting

Rittenhouse got back to his feet and walked towards police with his hands up and the rifle strapped across his chest. Several police officers testified during the trial that they were responding to an active shooter incident and did not recognize that Rittenhouse was the shooter. He was repeatedly told to get out of the road, and when he continued to advance, one officer attempted to pepper-spray him. Several witnesses and protesters had shouted for him to be arrested. 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. 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.

Video clips from Kenosha immediately went viral after the shooting. Facebook, criticized for allowing militia groups to post solicitations for armed attendees and for failing to respond to several hundred complaints, removed the Kenosha Guard's post on August 26, 2020 and classified the event as a mass shooting.

Aftermath

Rittenhouse arrest

On August 26, 2020, Rittenhouse turned himself in on charges of first-degree intentional homicide in his home state of Illinois. 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. On that day, a judge granted a request to delay the hearing until September 25, so that Rittenhouse could obtain his own counsel. Under Wisconsin state law, he will be charged as an adult. While awaiting extradition, Rittenhouse was held in a juvenile facility in Illinois.

The complaint against Rittenhouse lists six charges:

• first-degree reckless homicide against Joseph Rosenbaum, punishable by imprisonment of up to 65 years
• first-degree recklessly endangering safety against Richard McGinnis (a reporter who interviewed Rittenhouse before the shooting), punishable by imprisonment for up to 17 years
• first-degree intentional homicide against Anthony Huber, punishable by a mandatory life sentence without the possibility of parole
• attempted first-degree intentional homicide against Gaige Grosskreutz, punishable by imprisonment of up to 65 years
• first-degree recklessly endangering safety against an unknown male victim, punishable by imprisonment of up to 17 years
• possession of a dangerous weapon by a person under 18 (the only misdemeanor charge, the others are felonies)

Weapon charges

Each felony charge comes with a "use of a dangerous weapon" modifier, 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. According to the prosecutors, the gun was "later recovered by law enforcement and identified as a Smith & Wesson AR-15 style .223 rifle". In a jailhouse interview with The Washington Post, Rittenhouse said he cashed a coronavirus stimulus check to purchase the AR-15 rifle.

The criminal complaint states that Rittenhouse was armed with a dangerous weapon "contrary to sec 948.60(2)(a)" which states "Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor."

Rittenhouse extradition

Texas Attorney L. Lin Wood and the law firm Pierce Bainbridge were representing Rittenhouse. 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 in December 2020.

On August 29, 2020, the legal team for Rittenhouse released a statement asserting that Rittenhouse acted in self-defense and was wrongly arrested. 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.

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

Rittenhouse bail

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

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. 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.

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. 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. 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. Prosecutors asked for a $200,000 increase in Rittenhouse's bond. 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.

Rittenhouse pretrial rulings

Rittenhouse's trial began on November 1, 2021, in Kenosha, and is being presided over by Judge Bruce Schroeder. At a hearing on September 17, Judge Schroeder denied prosecutors' 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. On October 25, 2021, Schroeder defined what testimony would or would not be admissible by both the defense and the prosecution. Schroeder ordered that the men shot by Rittenhouse cannot be referred to as victims but can be described as arsonists or looters if the defense is able to establish evidence they were engaged in those activities that night. Legal experts weighed in on the decision saying that the term "victim" can appear prejudicial in a court of law, heavily influencing a jury by presupposing which people have been wronged.

Rittenhouse trial

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Jurors heard opening arguments of the Rittenhouse trial on November 2, and multiple video recordings of the events were shown to them the next day. Two witnesses testified on November 4 that Rosenbaum was behaving violently and yelled before he approached Rittenhouse and went for his rifle. A former marine testified on November 5 that Rosenbaum had taunted him and other armed men before the shootings; he also said he did not consider Rosenbaum a threat.

Before the prosecution rested on November 8, Grosskreutz testified that he had pointed his pistol toward Rittenhouse and advanced toward him as a last resort. In cross-examination, Grosskreutz acknowledged that Rittenhouse had not shot at him until he advanced with his pistol. A witness who said he had spoken with Rittenhouse after the shootings testified on November 9 that Rittenhouse was nervous, pale, and sweating, repeatedly saying "I just shot someone."

Rittenhouse testified on November 10, saying that Rosenbaum had twice threatened to kill him, and had ambushed him before the fatal shooting. Rittenhouse broke down on recounting those events, and the judge ordered a recess. Afterward, Rittenhouse said that Rosenbaum charged at him, putting his hand on Rittenhouse's gun barrel. In cross-examination, Rittenhouse acknowledged using deadly force to stop the attack on him, while also saying that killing was not his intent.

On November 10, prosecutor Thomas Binger alleged that Rittenhouse had not commented on the case until the trial, so that he could fit his testimony to others' accounts. The judge admonished Binger for this suggestion, calling it a "grave constitutional violation" of the right to silence guaranteed by the Fifth Amendment.

Before the defense rested on November 11, three more witnesses, including a Kenosha police officer, testified regarding the claim that Rittenhouse was acting in self-defense. The prosecution questioned that Rittenhouse would feel threatened while holding a rifle, and described him as an armed threat.

On November 12, the judge instructed the jury regarding the state's burden to prove there was an "unlawfully short barrel".

Closing arguments are expected to begin on November 15, with each side given two and a half hours, including rebuttals.

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 (equivalent to $2,943 in 2023).

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.

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. 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.

Responses

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.

Facebook labelled the incident as a "mass murder"; expressions of support for mass murders are banned on Facebook, though support for Rittenhouse was generally not removed.

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?" His comments were met with backlash on social media. Conservative pundit Ann Coulter and retired baseball player Aubrey Huff also praised Rittenhouse.

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

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

Criticism

Many commentators were critical of the fact that Rittenhouse was not immediately arrested despite witnesses shouting that he was the shooter. 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. The Kenosha mayor stated that he would not ask the sheriff or police chief to resign.

Responses by authorities

NBC News obtained a Department of Homeland Security internal document and reported that it directed federal law enforcement officials to make specific statements regarding Rittenhouse, such as noting that he "took his rifle to the scene of the rioting to help defend small business owners" and that " is innocent until proven guilty and deserves a fair trial based on all the facts, not just the ones that support a certain narrative."

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Further reading

• Williams, Paige (June 28, 2021). "Kyle Rittenhouse, American Vigilante". The New Yorker.
• Bock Clark, Doug and Costello, Jacqueline (April 2021). "American Battlefield: 72 Hours in Kenosha". GQ.

External links

• A visual timeline of violence in Kenosha after police shooting of Jacob Blake. USA Today (August 31, 2020).

• 2020 controversies in the United States
• 2020 in Wisconsin
• 2020–2021 United States racial unrest
• African-American-related controversies
• August 2020 events in the United States
• Deaths by firearm in Wisconsin
• Kenosha, Wisconsin
• United States Second Amendment case law
• Gun politics in the United States
• Filmed killings