Saturday, November 20, 2021
Kenosha unrest shooting
On August 25, 2020, during the unrest in Kenosha, Wisconsin, after the police shooting of Jacob Blake, Kyle Rittenhouse, a 17-year-old from Antioch, Illinois, fatally shot two men and wounded another during three confrontations. Rittenhouse had armed himself with a semi-automatic AR-15 style rifle and said he was in Kenosha to protect a car dealership from being vandalized and to provide medical aid. Rittenhouse had been pursued by a group that included Kenosha resident Joseph Rosenbaum, who was unarmed. After Racine resident Joshua Ziminski allegedly fired a shot into the air, Rittenhouse turned towards Rosenbaum, who according to a witness lunged at him and tried to take his rifle. Rittenhouse fired four times at Rosenbaum, killing him. Rittenhouse then ran down the street while being followed by a crowd of around a dozen people. He tripped and fell to the ground after being hit in the head, then fired twice at a 39-year-old man who jump kicked him, his shots missing both times. While Rittenhouse was still on the ground, Silver Lake resident Anthony Huber struck him in the shoulder with a skateboard and attempted to take his rifle. Rittenhouse fired at Huber once, fatally striking him in the chest. When West Allis resident Gaige Grosskreutz approached Rittenhouse while carrying a handgun which, in court, he admitted having pointed at Rittenhouse. Rittenhouse shot him once in the right arm. Public sentiment of the shootings was polarized and media coverage both polarized and politicised. Rittenhouse was charged with two counts of homicide, one count of attempted homicide, two counts of reckless endangerment, one count of unlawful possession of a firearm, and one count of curfew violation. Rittenhouse's trial took place in November 2021. Judge Bruce Schroeder dismissed the unlawful possession charge and the curfew violation charge during the trial. The jury acquitted Rittenhouse, unanimously, of the remaining charges.
Background: On August 23, 2020, Jacob Blake, an African-American man, was shot seven times from behind by a Kenosha police officer after being tasered. Blake was shot after he opened the door to an SUV and was leaning into the vehicle. As a result of the shooting, he became 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 some Wisconsin police officers were seen in a video giving them water and heard saying, "We appreciate you guys, we really do."
Kyle Rittenhouse: Prior to the Kenosha unrest, Rittenhouse had participated in local police cadet programs and expressed support on social media for the Blue Lives Matter movement and law enforcement. He was a resident of Antioch, Illinois, about 20 miles from Kenosha by road.
Sequence of events-
Before the shooting: During the day of August 25, 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 preceding 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 members 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), which had been badly damaged during the first two nights of unrest. Car Source had suffered $1.5 million in arson damage the previous night. 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. According to Rittenhouse, he drove to Kenosha on August 24, 2020, to stay with his friend Dominick Black, who kept a rifle he purchased for Rittenhouse in April 2020 at his Kenosha home. Rittenhouse and Black arrived at Car Source on August 25, 2020. Accounts differ as to whether Rittenhouse and Black's help was requested by Car Source. The dealership owner's sons denied that gunmen had been asked to defend the business, but several witnesses testified that armed individuals had been directly sought out by the business to protect their property. 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 Richie McGinniss, a reporter for The Daily Caller. Rittenhouse was seen talking with police officers, and offering medical aid to those who were injured. When McGinniss 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, was prevented by police from returning, and then headed to the Car Source lot farthest to the South.
First confrontation: At 11:48 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 Ziminski 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. Witnesses for the prosecution testified at trial that Rosenbaum engaged Rittenhouse and tried to take his rifle from him. Rittenhouse then fired four rounds at Rosenbaum, hitting his groin, back and left hand. The bullets perforated Rosenbaum's heart, aorta, pulmonary artery and right lung, fractured his pelvis, and caused minor wounds to his left thigh and forehead. McGinniss began administering first aid to Rosenbaum. Rittenhouse stood over McGinniss for half of a minute before fleeing, and was heard saying "I just killed somebody" on his cell phone to his friend Dominick Black as he sprinted out of the parking lot where he had shot Rosenbaum. Rosenbaum died shortly afterwards.
Second confrontation: Rittenhouse then ran down the street towards police vehicles. 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. Others shouted "What'd he do?," "Just shot someone!," and "Get his ass!". One of the men in pursuit jump kicked Rittenhouse while he was still on the ground. Rittenhouse fired twice but missed the 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 testified that shortly before midnight he had heard gunshots to the south and observed Rittenhouse running in his direction on Sheridan Road. While filming the protest as a legal observer for the American Civil Liberties Union on a Facebook livestream, Grosskreutz said he ran alongside Rittenhouse and asked "Hey, what are you doing?" and "You shoot somebody?" Grosskreutz testified he believed Rittenhouse was an active shooter. Grosskreutz had an expired concealed carry permit for a handgun and was carrying a Glock pistol. He approached Rittenhouse, who was on the ground, but stopped and put his hands up after Huber was shot. Grosskreutz then pointed his handgun and advanced on Rittenhouse, who 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.
Legal proceedings-
Charges: On the early morning of August 26, 2020, about an hour after the shooting, Rittenhouse turned himself in on charges of first-degree intentional homicide in his home town of Antioch, Illinois. Under Wisconsin state law, he was charged as an adult. The complaint listed 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, punishable by imprisonment of up to 17 years
possession of a dangerous weapon by a person under 18
Each felony charge had 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 modified charge. In a jailhouse interview with The Washington Post, Rittenhouse said he purchased the AR-15 rifle, which was identified as a Smith & Wesson M&P15 chambered in .223. 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. Rittenhouse was held in a juvenile facility in Illinois until he was extradited to Wisconsin on October 30.
Bail: On November 20, 2020, Rittenhouse was released from detention, posting $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. On January 22, 2021, the conditions of Rittenhouse's release were changed so that he could not consume alcohol, have access to firearms, or associate with persons or groups known to be a threat to others based on race or religion. These changes were made after Rittenhouse was seen at a bar in Mt. Pleasant, Wisconsin drinking beers 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. In one photo with two of them, Rittenhouse flashed an "OK" sign, a hand gesture frequently used by white supremacists. On February 11, 2021, Judge Schroeder denied a request by prosecutors for a $200,000 increase in Rittenhouse's bond, after Rittenhouse failed to file an address change within 48 hours of moving, stating that people out on bail often fail to update their address. Rittenhouse's attorney said that Rittenhouse had been staying at an undisclosed address out of concern for his safety.
Pretrial rulings: Rittenhouse's trial began on November 1, 2021, in Kenosha, and was presided over by judge Bruce Schroeder. At a hearing on September 17, Schroeder denied prosecutors' requests to admit as evidence Rittenhouse's outing with Proud Boys members and a previous fight he was involved in, finding 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.
Trial: 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 that he did not consider Rosenbaum a threat. Rosenbaum was seen on video shortly before the shooting confronting the armed men, after one of them pointed a gun at him, and shouting "Shoot me, nigger!", before several protesters rushed to calm him down. Grosskreutz testified on November 8 that when he approached Rittenhouse and put his hands in the air, he believed he saw Rittenhouse re-rack his rifle, which to Grosskreutz "meant that Rittenhouse pulled the trigger while Grosskreutz' hands were in the air, but the gun didn't fire", and that Rittenhouse "wasn't accepting Grosskreutz' surrender"; he then decided to "close the distance" to Rittenhouse, to employ "non-lethal" methods of either "wrestling the guns or "detaining" Rittenhouse. He further testified that he was "trying to preserve his own life" but "was never trying to kill" Rittenhouse, and that he moved closer to Rittenhouse, unintentionally pointing his handgun at Rittenhouse, after-which Rittenhouse shot him. 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." After the prosecution rested its case, trial judge Schroeder on November 9 dismissed a charge of curfew violation against Rittenhouse, citing a lack of evidence offered by the prosecution. Rittenhouse testified on November 10, saying that Rosenbaum had twice threatened to kill him, and had ambushed him before the fatal shooting. Prosecution witness Ryan Balch, a military veteran who also carried an AR-style rifle that night, recalled Rosenbaum shouting “If I catch any of you guys alone tonight I’m going to fucking kill you!”. 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. Closing arguments were made on November 15, with each side given two and a half hours, including rebuttals. On November 15, the charge of unlawful possession of a firearm was dismissed by Schroeder based on the defense argument that the Wisconsin law was ambiguous and could be interpreted to only restrict minors from carrying rifles if they are short-barreled. Rittenhouse's rifle was longer than 16 inches, the minimum barrel length allowed under state law. On November 16, the defense made a motion for a mistrial with prejudice, arguing that there was "prosecutorial overreaching" and that the state acted "in bad faith." On November 17, the defense requested a mistrial without prejudice due to a dispute over drone video used in the trial. The defense attorneys stated that the version provided to them by the prosecution was in a lower resolution and different aspect ratio than the version presented by the state, in violation of rules of evidence and the right of defendants to confront their accuser. On November 18, Schroeder banned MSNBC and anybody affiliated with the cable network from the courthouse for the duration of the trial. The judge explained that on the previous night, Kenosha police noticed a car following the jury bus, and stopped it when it ran a red light. Schroeder identified the driver as "James J. Morrison, who claimed he was a producer with NBC News, employed by MSNBC" and that Morrison said his boss, Irene Byon, told him to follow the jury. Police took Morrison into custody on suspicion of photographing jurors, but after they found no pictures of jurors, he was "issued traffic related citations" and released. In a statement, NBC News referred to the vehicle driver as a "freelancer" and denied that he intended to photograph jurors or contact them during deliberations. On November 19, the jury reached a unanimous verdict after 26 hours of deliberations spanning four days. Rittenhouse was found not guilty on all counts, causing public outrage.
Other litigation: In November 2020, 19-year-old Dominick Black was charged with two felony counts of intentionally selling a rifle to Rittenhouse, then a minor. Bond was set at $2,500. For firing a shot in the air just before Rittenhouse shot Rosenbaum, Joshua Ziminski was charged with disorderly conduct using a dangerous weapon and arson. A lawsuit was filed in September by plaintiffs including Hannah Gittings, 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 against 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. Writing for the American Bar Association Journal, Matt Reynolds observed that the "scenes in Wisconsin illustrated a tension between the Second Amendment right to bear arms and the First Amendment right to peacefully protest."
Support for Rittenhouse: 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. The Christian crowdfunding website GiveSendGo raised over half a million dollars to help pay Rittenhouse's legal fees.
Criticism of the police: 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 those shot in the course of 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 "Rittenhouse is innocent until proven guilty and deserves a fair trial based on all the facts, not just the ones that support a certain narrative."
Responses by Internet companies: In August 2020, Facebook, Twitter and GoFundMe removed content supporting Rittenhouse, citing rules banning praise or support of mass shooters or glorification of violence. Facebook further disabled searches for "Kyle Rittenhouse" on its website, with a spokesperson saying "We’ve designated this shooting as a mass murder and have removed the shooter’s accounts from Facebook and Instagram". On November 19, 2021, GoFundMe tweeted out a response to their ban of the Rittenhouse defense fund stating "GoFundMe's Terms of Service prohibit raising money for the legal defense of an alleged violent crime. In light of the Kyle Rittenhouse trial, we want to clarify when and why we have removed certain fundraisers in the past:".
Responses by politicians: In August 2020, immediately after the shooting, then-President Donald Trump said, "He was trying to get away from them, I guess, it looks like," noting the incident was under investigation. "I guess he was in very big trouble. He probably would have been killed." Politifact at the time rated Trump's statement as false. Trump later went on to retweet a statement by Tim Pool describing how the case of Rittenhouse had convinced Pool to vote for Trump. Prior to the 2020 presidential election, then-presidential candidate Joe Biden used video of Rittenhouse in a campaign ad referring to him as a white supremacist. This led Rittenhouse's mother to say that "Biden 'defamed' her son by suggesting he's a white supremacist". After the trial, Senator Tom Cotton demanded on Twitter that President Biden "publicly apologize" to Rittenhouse. On November 19, 2021, when Biden was asked about the verdict, he stated "I stand by what the jury has concluded. The jury system works and we have to abide by it." Later that day, the White House issued a written statement from Biden saying "While the verdict in Kenosha will leave many Americans feeling angry and concerned, myself included, we must acknowledge that the jury has spoken... I know that we're not going to heal our country's wounds overnight, but I remain steadfast in my commitment to do everything in my power to ensure that every American is treated equally, with fairness and dignity, under the law." Governor of Wisconsin Tony Evers said in a statement that "No verdict will be able to bring back the lives of Anthony Huber and Joseph Rosenbaum, or heal Gaige Grosskreutz's injuries, just as no verdict can heal the wounds or trauma experienced by Jacob Blake and his family. No ruling today changes our reality in Wisconsin that we have work to do toward equity, accountability, and justice that communities across our state are demanding and deserve."
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