The charges against Kyle Rittenhouse

Christy Gutowski, Chicago Tribune
·2 min read

WHEN THE JURY DELIBERATES

Kyle Rittenhouse, 18, faces five felonies for shooting three people, two fatally, during Kenosha’s civil unrest in August 2020. Judge Bruce Schroeder has allowed the panel to consider offenses less serious for two of the five charges but only if jurors opt to acquit the defendant of the more serious corresponding charge. The judge also approved the prosecution’s request for a provocation instruction. Such an instruction would ask the jury to consider whether the defendant provoked the confrontation. If the jury agrees, it could weaken Rittenhouse’s self-defense claim.

Count 1: first-degree reckless homicide

Lesser included option: None

Allegation: This count concerns the death of Joseph Rosenbaum, 36, who was the first person the defendant shot that night. Video shows the unarmed man chasing Rittenhouse across a parking lot before the defendant opened fire, shooting him four times. Rittenhouse testified Rosenbaum threatened his life twice that night.

Count 2: first-degree recklessly endangering safety

Lesser included option: None

Allegation: This count involves videographer Richard McGinniss, who was nearby during the Rosenbaum shooting. McGinniss was not struck, but prosecutors allege he is a victim because of his proximity to the shooting. McGinniss testified he felt he was in danger when Rittenhouse fired.

Count 3: first-degree recklessly endangering safety

Lesser included option: None

Allegation: The count involved an unidentified man whom the defendant fired at twice, missing him both times, after the man tried to kick Rittenhouse in the face as he lay in the street.

Count 4: first-degree intentional homicide

Lesser included option 1: second-degree intentional homicide

Lesser included option 2: first-degree reckless homicide

Allegation: Video shows Anthony Huber struck Rittenhouse with a skateboard and apparently reached for the defendant’s rifle. Huber, 26, was killed after suffering a single gunshot wound in the chest.

Count 5: attempt first-degree intentional homicide

Lesser included option #1: attempt second-degree intentional homicide

Lesser included option #2: first-degree recklessly endangering safety

Allegation: Rittenhouse shot Gaige Grosskreutz in the arm when Grosskreutz, who had a gun in his hand, confronted the defendant after the Huber fatal shooting.

Source: Kenosha County court records, testimony