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Prosecutors Say No Evidence Kyle Rittenhouse Committed A Crime In Illinois

Lake County, IL – The Lake County State’s Attorney’s Office said Tuesday that it will not levy gun charges against 17-year-old Kyle Rittenhouse in connection with the gun he used during the Jacob Blake riots in Kenosha, Wisconsin.

The state’s attorney’s office said in a statement on Oct. 14 that the Antioch police had investigated and determined that the rifle Rittenhouse used to shoot three rioters on Aug. 25 was purchased, stored, and used in Wisconsin, the Chicago Sun-Times reported.

Prosecutors said there was no evidence that the 17 year old ever had the gun in Illinois and therefore, no state laws were violated.

Wisconsin authorities have charged Rittenhouse with five felony charges including first-degree intentional homicide, first-degree reckless homicide, and a misdemeanor charge for possession of a dangerous weapon by a minor, WEAR reported.

The teen was arrested at his home in Antioch on Aug. 26 and has been awaiting extradition to Wisconsin.

A Waukegan judge granted Rittenhouse a month-long reprieve before his extradition hearing to assemble a legal team to defend him.

But when the top-notch defense team appeared with the 17 year old at a virtual hearing on Friday they argued it would be dangerous to extradite Rittenhouse, citing concerns about retaliation and the highly-charged political climate, ABC News reported.

Attorneys for Rittenhouse have said that their client was protected under Wisconsin law and the Second Amendment when he defended himself during the riots.

“There is a massive amount of video evidence that shows… beyond a shadow of a doubt that this is not a legitimate criminal prosecution, it is a political prosecution,” attorney John Pierce told the judge.

Pierce said he needed more time to challenge the extradition, ABC News reported.

“There is a presidential candidate in the heat of arguably the most heated election, perhaps ever, certainly since 1860, that has inflamed the situation, and we simply ask that that this detainee’s due process rights be observed so we can challenge this in a proper way and ensure that this is a legitimate criminal prosecution and not something else,” the attorney for Rittenhouse told the judge on Oct. 9.

Pierce didn’t mention a specific candidate during the hearing, attorneys for the Rittenhouse announced plans to sue former Vice President Joe Biden and his campaign for labeling him a white supremacist in a video ad launched the morning after the first Presidential debate.

The judge gave prosecutors seven days to respond to the motion by defense attorneys and scheduled an in-person hearing for Oct. 30, ABC News reported.

It was unclear whether the judge planned to rule at the time, just four day ahead of the election.

The mainstream media and liberal groups have villainized the 17-year-old Rittenhouse as somebody who took his gun to Kenosha during the riots with the intent to kill someone.

However, both The New York Times analysis of the Kenosha riot videos and the criminal complaint charging Rittenhouse with the shootings suggest the 17 year old may have been acting in self-defense when he pulled the trigger.

His attorneys have said that Rittenhouse had just finished up a shift at his summer job lifeguarding when he met a friend in Kenosha to help clean graffiti off a school building.

Then they heard about a business owner who needed help defending his business, so they armed themselves and volunteered, WTMJ reported.

The New York Times reported that for two hours prior to the shooting, Rittenhouse was with a group who said they were protecting private property at a gas station.

He rendered medical aid to protesters during that time, according to the newspaper.

But when Rittenhouse walked away from the car dealership a couple hours later, police would not let him return.

His attorney said in the press release that Rittenhouse had become concerned about protesters who were injured in the rioting and left his spot to go offer medical aid, WTMJ reported.

Six minutes later, video footage from the riots showed the 17 year old running for his life with a group of people chasing him, The New York Times reported.

The video showed Rittenhouse ran into the parking lot of another car dealership a couple of blocks away about the same time that an unknown gunman fired a shot into the air nearby.

The muzzle flash from the other shooter’s weapon can be seen in the video, according to The New York Times.

In the video, Rittenhouse turned toward the sound of gunfire and then Rosenbaum appeared to lunge at him.

“The video shows that as they cross the parking lot, Rosenbaum appears to throw an object at the defendant,” according to the criminal complaint. “The object does not hit the defendant and a second video shows, based on where the object landed, that it was a plastic bag.”

“Rosenbaum appears to be unarmed for the duration of this video,” the charging documents continued. “A review of the second video shows that the defendant and Rosenbaum continue to move across the parking lot and approach the front of a black car parked in the lot. A loud bang is heard on the video, then a male shouts, ‘F–k you!’, then Rosenbaum appears to continue to approach the defendant and gets in near proximity to the defendant when 4 more loud bangs are heard. Rosenbaum then falls to the ground.”

Pierce said that Rittenhouse had tried to run away from the confrontation, WTMJ reported.

“Upon the sound of a gunshot behind him, Kyle turned and was immediately faced with an attacker lunging towards him and reaching for his rifle. He reacted instantaneously and justifiably with his weapon to protect himself, firing and striking the attacker,” he said.

Charging documents showed Daily Caller reporter Richard McGinnis, who interviewed Rittenhouse earlier in the evening and was present for the first shooting told police he saw Rosenbaum confront the teen.

“McGinnis stated that as the defendant was walking Rosenbaum was trying to get closer to the defendant,” the complaint read. “When Rosenbaum advanced, the defendant did a ‘juke’ move and started running.”

“McGinnis stated that there were other people that were moving very quickly. McGinnis stated that they were moving towards the defendant. McGinnis said that according to what he saw the defendant was trying to evade these individuals,” according to the charging documents.

“McGinnis stated that the first round went into the ground and when the second shot went off, the defendant actually had the gun aimed at Rosenbaum,” the complaint read. “McGinnis stated he did not hear the two exchange any words. McGinnis said that the unarmed guy [Rosenbaum] was trying to get the defendant’s gun. McGinnis demonstrated by extending both of his hands in a quick grabbing motion and did that as a visual on how Rosenbaum tried to reach for the defendant’s gun.”

He told police that when Rosenbaum tried to take the gun from Rittenhouse, the 17 year old pulled it away from his attacker and raised it.

“McGinnis stated that right as they came together, the defendant fired,” the charging documents read.

In the video, someone is heard yelling “that’s the shooter” as Rittenhouse fled, The New York Times reported.

Then the video showed the 17-year-old tripped and fell, which allowed his pursuers to catch up with him.

“As the defendant is on the ground, an unidentified male wearing a dark-colored top and light-colored pants jumps at and over the defendant,” the complaint continued. “Based on the sounds of gunshots on the video and the positioning of the defendant’s gun, it appears that he fires two shots in quick succession at this person. It appears that that person was not hit as he then runs away from the defendant.”

“A second person who was later identified as Anthony Huber approaches the defendant who is still on the ground, on his back. Huber has a skateboard in his right hand,” according to charging documents. “When Huber reaches the defendant it appears that he is reaching for the defendant’s gun with his left hand as the skateboard makes contact with the defendant’s left shoulder. Huber appears to be trying to pull the gun away from the defendant.”

“The defendant rolls towards his left side and as Huber appears to be trying to grab the gun [that] is pointed at Huber’s body. The defendant then fires one round which can be heard on the video. Huber staggers away, taking several steps, then collapses to the ground,” the complaint read.

Huber was pronounced dead from a gunshot wound at the scene.

At that point, Rittenhouse was attacked by a man armed with a pistol, The New York Times reported.

“After shooting Huber, the defendant moves to a seated position and points his gun at a third male, later identified as Gaige Grosskreutz, who had begun to approach the defendant,” the charging documents continued. “When the defendant shot Huber, Grosskreutz freezes and ducks and takes a step back. Grosskreutz puts his hands in the air. Grosskreutz then moves towards the defendant who aims his gun at Grosskreutz and shoots him, firing 1 shot.”

“Grosskreutz was shot in the right arm,” the complaint read. “Grosskreutz appears to be holding a handgun in his right hand when he was shot. Grosskreutz then runs southbound away from the defendant screaming for a medic and the defendant gets up and starts walking northbound. The defendant turns around facing southbound while walking backwards northbound with his firearm in a ready position, pointed towards the people in the roadway.”

It’s important to note that The New York Times analysis determined that “Mr. Rittenhouse’s gunfire is mixed in with the sound of at least 16 other gunshots that ring out during this time.”

Rittenhouse’s attorneys said their client was scared to death of the mob pursuing him, WTMJ reported.

Written by
Sandy Malone

Managing Editor - Twitter/@SandyMalone_ - Prior to joining The Police Tribune, Sandy wrote the Politics.Net column for the Wall Street Journal and was managing editor of Campaigns & Elections magazine. More recently, she was an internationally-syndicated columnist for Conde Nast (BRIDES), The Huffington Post, and Monsters and Critics. Sandy is married to a retired police captain and former SWAT commander.

View all articles
Written by Sandy Malone


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