NATIONAL NEWS

Judge dismisses weapons charge at Rittenhouse murder trial

Nov 15, 2021, 5:43 AM | Updated: 9:51 am
Kyle Rittenhouse, center, makes his way to his seat at the beginning of the day at the Kenosha Coun...
Kyle Rittenhouse, center, makes his way to his seat at the beginning of the day at the Kenosha County Courthouse on November 15, 2021 in Kenosha, Wisconsin. Rittenhouse is accused of shooting three demonstrators, killing two of them, during a night of unrest that erupted in Kenosha after a police officer shot Jacob Blake seven times in the back while being arrested in August 2020. Rittenhouse, from Antioch, Illinois, was 17 at the time of the shooting and armed with an assault rifle. He faces counts of felony homicide and felony attempted homicide. (Photo by Sean Krajacic-Pool/Getty Images)
(Photo by Sean Krajacic-Pool/Getty Images)

KENOSHA, Wis. (AP) — The judge at Kyle Rittenhouse’s murder trial on Monday dismissed a count of possession of a dangerous weapon by a person under 18, a misdemeanor that had appeared to be among the likeliest of the charges to net a conviction for prosecutors.

The judge then launched into 36 pages of legal instructions to the jury, explaining the charges and the laws of self-defense. After that, the two sides were expected to deliver closing arguments, the final word before the jury was to begin deliberations.

Rittenhouse, 18, killed two men and wounded a third in the summer of 2020 during a turbulent protest against racial injustice, in a case that has underscored bitter division in the U.S. over guns, protests and law and order. Supporters have hailed him as a hero who took a stand against lawlessness; foes have branded him a vigilante.

He faces a mandatory sentence of life in prison if convicted of the most serious charge against him, first-degree intentional homicide.

The underage weapon charge was punishable by up to nine months in jail.

There is no dispute that Rittenhouse was 17 when he carried an AR-style semi-automatic rifle on the streets of Kenosha and used it.

But the defense argued that Wisconsin law had an exception that could be read to clear Rittenhouse. After prosecutors conceded on Monday that Rittenhouse’s rifle was not short-barreled, Judge Bruce Schroeder dismissed the charge.

Public interest in closing arguments was evident Monday morning, when more people than usual stood in a line outside Courtroom 209 to get a seat. The first one in line was a man in a red hat and red coat bedecked with silver glitter. Outside, someone erected a cutout of Rittenhouse, and a man stood on a corner waving an upside-down American flag.

Rittenhouse’s mother, Wendy Rittenhouse, listened intently in court during the jury instructions.

Rittenhouse traveled the few miles from his home to Kenosha on Aug. 25, 2020, as the city was in the throes of destructive protests that erupted after a white police officer shot and wounded Jacob Blake, a Black man. Rittenhouse said he went there to protect property.

Bystander video captured the critical minutes when Rittenhouse shot and killed Joseph Rosenbaum, 36, and Anthony Huber, 26, and wounded Gaige Grosskreutz, 28.

Rittenhouse is white, as are the three men he shot. The case has polarized Americans, raising questions about racial justice, vigilantism, the Second Amendment right to bear arms, and white privilege.

Rittenhouse testified that he feared for his life and acted in self-defense. Prosecutors have contended he was the aggressor that night and created a dangerous situation in the first place by showing up with a rifle.

But some of the prosecution’s own witnesses — and a wealth of video — largely supported his claims of self-defense.

Perhaps in recognition of that, prosecutors asked the judge to let the jury consider several lesser charges if they acquit him on the original counts. Schroeder agreed to do so Monday.

In his instructions to the jury, the judge said that to decide that Rittenhouse acted lawfully in self-defense, the jury must find that he believed there was an actual or imminent unlawful threat to him and that the amount of force he used was reasonable and necessary.

Among the prosecution witnesses was videographer Richie McGinniss, who testified that Rosenbaum chased Rittenhouse and lunged for his rifle right before he was shot. Ryan Balch, a military veteran in Rittenhouse’s group that night, testified that Rosenbaum had threatened to kill Rittenhouse and others if he got them alone.

Grosskreutz, for his part, acknowledged on the stand that he approached Rittenhouse with a gun of his own pointed at the young man. As for Huber, he hit Rittenhouse with a skateboard before he was gunned down.

Among the trial’s most compelling moments was Rittenhouse’s own testimony. In some six hours on the stand — most of it poised and matter-of-fact — he said he was afraid Rosenbaum would take away his gun and shoot him and others. He said he never wanted to kill anyone.

“I didn’t do anything wrong. I defended myself,” Rittenhouse said.

After closing arguments, names were to be drawn to determine which 12 of the 18 jurors who heard testimony will deliberate, with the rest dismissed as alternates.

With a verdict near, Gov. Tony Evers said that 500 National Guard members would be prepared for duty in Kenosha if local law enforcement requested them.

___

This story has been updated to correct Gaige Grosskreutz’s age to 28.

___

Bauer reported from Madison and Forliti reported from Minneapolis.

___

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

KSL 5 TV Live

Top Stories

National News

Emergency lights...
Associated Press

Police say restaurant workers shot in argument over mayo

Police say a man who complained there was too much mayonnaise on his sandwich opened fire at a Subway sandwich shop in Atlanta, killing one employee and injuring another.
9 hours ago
Law enforcement officers stand inside the secure perimeter of the U.S. Supreme Court Building as pr...
JESSICA GRESKO, Associated Press

Supreme Court sides with coach who sought to pray after game

The Supreme Court has sided with a football coach from Washington state who sought to kneel and pray on the field after games.
9 hours ago
NASA has carried out its first commercial spaceport launch outside the United States. (Equatorial L...
Kathleen Magramo, CNN

NASA launches first rocket from Australian space center

NASA has successfully launched a rocket from Australia's remote Northern Territory, making history as the agency's first commercial spaceport launch outside the United States.
9 hours ago
Follow @https://twitter.com/jellis9...
Josh Ellis

Amber Alert issued for Idaho children believed to be taken by babysitter

Nampa police have issued an Amber Alert for two children they say were abducted by their babysitter who may be using drugs.
9 hours ago
Catherine Martin, Austin Butler, Olivia DeJonge, Baz Luhrmann and Tom Hanks attends the Australian ...
JAKE COYLE, AP Film Writer

‘Elvis,’ ‘Top Gun’ tie for box-office crown with $30.5M each

Baz Luhrmann’s Elvis Presley biopic “Elvis” shook up theaters with an estimated $30.5 million in weekend ticket sales, but — in a box-office rarity — “Elvis” tied “Top Gun: Maverick,” which also reported $30.5 million, for No. 1 in theaters.
9 hours ago
LOS ANGELES, CALIFORNIA - JUNE 26: Bleu speak onstage during the 2022 BET Awards at Microsoft Theat...
JONATHAN LANDRUM Jr. AP Entertainment Writer

Stars use BET Awards stage to criticize Roe v. Wade ruling

Big stars used the BET Awards stage to strongly criticize the Supreme Court’s recent decision to strip away women’s constitutional protection for abortion.
1 day ago

Sponsored Articles

hand holding 3d rendering mobile connect with security camera for security solutions...
Les Olson

Wondering what security solutions are right for you? Find out more about how to protect your surroundings

Physical security helps everyone. Keep your employees, clients, and customers safe with security solutions that protect your workplace.
Many rattan pendant lights, hay hang from the ceiling.Traditional and simple lighting....
Lighting Design

The Best Ways to Style Rattan Pendant Lighting in Your Home

Rattan pendant lights create a rustic and breezy feel, and are an easy way to incorporate this hot trend into your home decor.
Earth day 2022...
1-800-GOT-JUNK?

How Are You Celebrating Earth Day 2022? | 4 Simple Ways to Celebrate Earth Day and Protect the Environment

Earth Day is a great time to reflect on how we can be more environmentally conscious. Here are some tips for celebrating Earth Day.
Get Money Online...

More Ways to Get Money Online Right Now in Your Spare Time

Here are 4 easy ways that you can get more money online if you have some free time and want to make a little extra on the side.
Lighting trends 2022...

Lighting Trends 2022 | 5 Beautiful Home Lighting Trends You Can Expect to See this Year and Beyond

This is where you can see the latest lighting trends for 2022 straight from the Lightovation Show at the Dallas World Trade Center.
What Can't You Throw Away in the Trash...

What Can’t You Throw Away in the Trash? | 5 Things You Shouldn’t Throw in to Your Trash Can

What can't you throw away in the trash? Believe it or not, there are actually many items that shouldn't be thrown straight into the trash.
Judge dismisses weapons charge at Rittenhouse murder trial