greenjar_01 (1,965 posts)
https://www.democraticunderground.com/100213987312
There is Zero Chance that a Kenosha County jury (or any Wisconsin jury) convicts Kyle Rittenhouse of first degree intentional homicide. It's at best an opening negotiating position for the DA, who will be lucky to get a plea deal to second degree reckless homicide (more or less a manslaughter charge) in this case.
It's gonna be a real shit show.
watch the videos... odds are he walks away with nothing.
Star Member Proud liberal 80 (1,887 posts)
1. Yeah
Reminds me of how it was back in the day in the South when no one was ever convicted of killing black people.
Klaralven (122 posts)
23. All three of the guys he shot were white
Star Member redstatebluegirl (9,948 posts)
2. I can see them not even sending him to trial.
They will take Manslaughter, give him 2 years in minimum security and call it a day.
He'll walk.
Was attacked, tried to retreat, was fired upon, assaulted, and turned himself in to police.
WI State Statute
940.01 First-degree intentional homicide.(1) Offenses.
(a) Except as provided in sub. (2), whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony.[/i]
Nope- he was trying to retreat and was fired upon.
(2) Mitigating circumstances. The following are affirmative defenses to prosecution under this section which mitigate the offense to 2nd-degree intentional homicide under s. 940.05:
(a) Adequate provocation. Death was caused under the influence of adequate provocation as defined in s. 939.44.
(b) Unnecessary defensive force. Death was caused because the actor believed he or she or another was in imminent danger of death or great bodily harm and that the force used was necessary to defend the endangered person, if either belief was unreasonable.940.03 Felony murder. Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.19, 940.195, 940.20, 940.201, 940.203, 940.225 (1) or (2) (a), 940.30, 940.31, 943.02, 943.10 (2), 943.23 (1g), or 943.32 (2) may be imprisoned for not more than 15 years in excess of the maximum term of imprisonment provided by law for that crime or attempt.Nope- wasn't commiting a crime.
940.05 Second-degree intentional homicide.
(1) Whoever causes the death of another human being with intent to kill that person or another is guilty of a Class B felony if:
(a) In prosecutions under s. 940.01, the state fails to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as required by s. 940.01 (3); or
(b) The state concedes that it is unable to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist. By charging under this section, the state so concedes.Nope, was assaulted, fired upon, and had weapon drawn on him, acting in self defense.
940.06 Second-degree reckless homicide.
(1) Whoever recklessly causes the death of another human being is guilty of a Class D felony.940.08 Homicide by negligent handling of dangerous weapon, explosives or fire.
(1) Except as provided in sub. (3), whoever causes the death of another human being by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony.Nope. only engaged his attackers.
Actually hitting each one. Pretty good for a non-trained person in a combat situation.
greenjar_01 (1,965 posts)
4. There's no manslaughter statute in WI, but 2nd degree reckless is more or less Man 2
in other states.
That's where he'll land, I suspect.
I agree: he'll do 2-3yrs in an (under 21) juvenile if anything.
Star Member Sogo (815 posts)
9. That just doesn't seem right!
snowybirdie (2,266 posts)
6. Perhaps
Since he crossed state lines, federal charges can apply? Anyone know?
You have to cross state lines with the intent to commit a crime.
He did not.
greenjar_01 (1,965 posts)
11. I doubt there will be a federal case here for anything
I think some people don't get the geography here either. Antioch is literally a mile away from the IL-WI border. You could run a 5k out and back from lots of places in Antioch and have crossed into Kenosha County and come back home. If you giddy-up, you can drive to downtown Kenosha in under 30 minutes. I know that doesn't have any bearing on crossing state lines, but people need to be clear on this. Antioch, IL is basically an ex-urb of Kenosha; it's not like they traveled from Lincoln Park, or even Winnetka.
Star Member Wellstone ruled (32,329 posts)
13. Your take on a
unbiased Jury says a lot. County Clerk of Courts selects the Jury Pool and in that lies issues.
The Kid will end up in Waupun most likely. And walk after his 21st b-day with probation.
Doubt he'll see a day in prison.
Star Member brush (30,029 posts)
8. That's a concern. I hope this isn't like in the zimmerman case...
where they over-charged. Maybe this is a first offer that will be reduced to whatever Wisconsin's equivalent of second degree or Man 1.
llashram (727 posts)
12. the kid will
get a slap on the wrist along with a light sentence in a fairly safe jail type environment. Come out serve a probationary sentence maybe with some safe community service while being lionized by the murderous RW militias as a hero fighting for truth, justice for trump humping white people and their lackeys of all faiths, races and cultures and the trump MAGA way. American democracy is under attack and in a slow-moving but speeds are rapidly picking up fast for RW-GOP-Militia coup. I hope enough patriots see what's happening to be prepared for possible scenarios where trump and GOP-militia-brownshirts STAY IN POWER JUST LIKE HIS BFF PUTIN IS TILL 2036 ON HIS WON REFERENDUM.
Think they haven't been talking with Putin schooling the orange menace and key GOP members on what to do to ensure a successful coup? Don't forget "peace and safety". Hell, Hitler was able to do it because of Versailles and the German economy, at that time being a wreck.
Never mind that now trump is responsible, the Democrats will be the culprit and he also will use warnings about the COMMUNISTS, Socialist etc causing violent protests. Scaring all his base into a murderous frenzy.
I feel Kenosha protest deaths are the 2020 Ft. Sumpter. I hope I'm wrong.
You are an idiot.
greenjar_01 (1,965 posts)
21. It is 100% Trumpland
Again, people are missing some of the geography here. Antioch is a mile from the IL-WI border; you can do a short run to western Kenosha County and back from pretty much Main Street Antioch..
sarisataka (11,308 posts)
15. It is greater than zero
but not the slam dunk people wish/believe it is.
With the caveat that the only information I have is from the media which could be inaccurate, some reports are that the first victim initiated the interaction and tried to take the gun from him. (There were shots, first, causing the kid to turn around- then the assswipe tried to grab his weapon) That would be an opening for a self defense argument, which could be enough for reasonable doubt.
Two things weaken that however, one that he walked past the police rather than turn himself in. That gives the impression that he knew he was not acting in self defense. Second, and perhaps more important, is that he was there illegally and illegally carrying a weapon. That may take away any affirmative defense he could present.
Regardless of how it plays out I expect your prediction of the show will be accurate.
No- he wasn't there illegally.
bluestarone (9,420 posts)
30. My fear is
When (IF) he's found Not Guilty, MORE of this shit is in our future!
Oh, I have no doubt the leftists are going to continue to riot...
Star Member Crunchy Frog (22,099 posts)
31. Well, maybe some vigilante will take care of matters...
Polybius (4,184 posts)
33. Is there a video of the first shooting?
Did eyewitnesses publicly say what happened? I've yet to hear much about it.
The entire thing was caught on multiple videos. The kid is gonna walk.
sir pball (3,328 posts)
47. Crap, that eyewitness report does not look good
In a cold, purely legal sense, if Rosenbaum pursued Rittenhouse and then tried to grab his rifle...it's at least arguably justifiable. Shit shit shit.
Yup.
JonLP24 (26,202 posts)
49. I find it odd right wingers are rallying around him
They are not supposed to admit out loud mass shooters are their heros.
You obviously don't get it.
inwiththenew (673 posts)
42. What are the odds of getting a jury with zero Trumpers on it?
This guy is a hero of the right. It goes well beyond George Zimmerman.
Star Member uponit7771 (70,135 posts)
52. He was underage with an automatic pistol grip rifle, that's illegal in Wisconsin and Illinois IINM
OMG... the stupid is complete...
