Defense attorney: Rittenhouse feared for his life in Kenosha

Posted at 4:41 PM, November 15, 2021 and last updated 7:51 PM, July 17, 2023


KENOSHA, Wis. (AP) — Kyle Rittenhouse provoked bloodshed on the streets of Kenosha by bringing a semi-automatic rifle to a protest and menacing others, and when the shooting stopped, he walked off like a “hero in a Western,” a prosecutor said in closing arguments Monday at Rittenhouse’s murder trial.


But Rittenhouse’s attorney countered that the shooting started after the young man was ambushed by a “crazy person” that night and became afraid his gun was going to be wrested away and used to kill him.

Rittenhouse, then 17, killed two men and wounded a third during a tumultuous night of protests against racial injustice in the summer of 2020 — a case that has stirred bitter debate in the U.S. over guns, vigilantism and law and order.

Rittenhouse said he went to Kenosha from his home in nearby Antioch, Illinois, to protect property from rioters in the days after a Black man, Jacob Blake, was shot by a white Kenosha police officer. Rittenhouse, a former police youth cadet, is white, as were those he shot.

In closing arguments, prosecutor Thomas Binger repeatedly showed the jury drone video that he said depicted Rittenhouse pointing the AR-style weapon at demonstrators.

“This is the provocation. This is what starts this incident,” the prosecutor declared.

>>>READ MORE: Kenosha Protest Shooting Trial Daily Highlights

He told the jury: “You lose the right to self-defense when you’re the one who brought the gun, when you are the one creating the danger, when you’re the one provoking other people.”

Rittenhouse, now 18, faces a mandatory sentence of life in prison if convicted of the most serious charge against him, first-degree intentional homicide, which is Wisconsin’s top murder charge.

Binger zeroed in on the killing of 36-year-old Joseph Rosenbaum, who was the first man gunned down that night and whose shooting set in motion the bloodshed that followed. The prosecutor repeatedly called it murder, saying it was unjustified.

The prosecutor reminded jurors that Rittenhouse testified he knew Rosenbaum was unarmed. Binger also said there is no video to support the defense claim that Rosenbaum threatened to kill Rittenhouse.

Binger disputed the notion that Rosenbaum was trying to grab Rittenhouse’s rifle. “Mr. Rosenbaum is not even within arm’s reach when the first shot occurs,” Binger said. He rejected the idea that Rittenhouse had no choice but to shoot, saying he could have run away.

And Binger argued that once Rosenbaum was wounded, he was not even capable of taking away the gun, which was strapped to Rittenhouse’s body, since he was falling to the ground with a fractured pelvis. Rittenhouse kept firing, delivering what the prosecutor called the “kill shot” to Rosenbaum’s back.

“I think we can also agree that we shouldn’t have 17-year-olds running around our streets with AR-15s, because this is exactly what happens,” Binger said.

After killing Rosenbaum, Rittenhouse shot and killed Anthony Huber, 26, and wounded Gaige Grosskreutz, 28, while trying to make his way through the crowd.

Rittenhouse testified that Huber hit him with a skateboard and that Grosskreutz came at him with a gun of his own — an account largely corroborated by video and some of the prosecution’s own witnesses.

But Binger said Rittenhouse provoked the bloodshed that followed Rosenbaum’s shooting: Huber, Grosskreutz and others in the crowd were trying to stop what they believed was an active shooter.

When it was all over, Rittenhouse walked away like a “hero in a Western — without a care in the world for anything he’s just done,” Binger said.

Mark Richards, Kyle Rittenhouse’s lead attorney, center, stands in from of his team as they wait for the day to begin at the Kenosha County Courthouse in Kenosha, Wis., on Monday, Nov. 15, 2021. (Sean Krajacic/The Kenosha News via AP, Pool)

In his own closing argument, defense attorney Mark Richards called Rosenbaum a “rioter” and a “crazy person” who went after Rittenhouse.

“Mr. Rosenbaum was shot because he was chasing my client and going to kill him, take his gun and carry out the threats he made,” Richards said.

Richards said Rittenhouse was then attacked by a “mob.” The defense attorney accused prosecutors of calling Rittenhouse an “active shooter” because of “the loaded connotations of that word.”

When the prosecutor displayed a photograph of Rosenbaum’s bloodied body on a gurney during his autopsy and another of Rosenbaum’s mangled hand, some jurors appeared to avert their eyes from the TV monitors. And later, when Binger displayed a close-up photo of Grosskreutz’s bicep largely obliterated by a bullet, several jurors winced and turned away.

As he spoke, Binger walked up to the jury box and lifted the rifle used in the shootings as if he were firing, pointing the weapon at a wall.

Rittenhouse’s mother, Wendy Rittenhouse, listened intently in the courtroom.

Supporters have hailed Rittenhouse as a hero who took a stand against lawlessness; foes have branded him a vigilante.

Binger began his closing arguments by questioning whether Rittenhouse was genuinely trying to help.

The prosecutor noted that Rittenhouse had ammunition capable of traveling the length of five football fields and passing through cars, and asked the jury: “Why do you need 30 rounds of full metal jacket (ammo) to protect a building?” And he said the rifle was incompatible with Rittenhouse’s claim that he was there as a medic.

He said Rittenhouse and others like him were “wannabe soldiers” and “chaos tourists” drawn to the unrest in Kenosha. Rittenhouse thought he was a junior police officer who could run around and stop crime, according to the prosecutor. He said Rittenhouse was “looking for trouble.”

Earlier Monday, Judge Bruce Schroeder 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 was punishable by up to nine months in jail.

But the defense argued that Wisconsin law has an exception related to the length of a weapon’s barrel. After prosecutors conceded Monday that Rittenhouse’s rifle was not short-barreled, the judge threw out the charge.

Perhaps in recognition of weaknesses in their case, 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 as he launched into 36 pages of legal instructions to the jury, explaining the charges and the laws of self-defense.

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

After closing arguments, names were to be drawn to determine which 12 of the 18 jurors who heard testimony would 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.
Bauer reported from Madison and Forliti reported from Minneapolis. Associated Press writer Tammy Webber contributed from Fenton, Michigan.

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