The Kyle Rittenhouse Shootings
Update: I’m going to edit this article on the fly as new information comes out. It won’t change my opinion about the shootings but it may effect some of the facts.
More facts are still coming out, but on the night of August 25th 2020, 17 year old Kyle Rittenhouse shot 3 people, killing 2 of them after a chaotic scene captured on video.
To start this post, I’m going to present the facts about the timeline, shooter, and victims without opinion. At the end of the article I’ll add my personal opinions as a firearms trainer and student of self-defense law. With any opinion, they should always be taken with a grain of salt and any reader is encouraged to do their own research.
Facts of the case
In a statement by Rittenhouse’s legal team at Pierce Bainbridge, provided to the Gateway Pundit, they explained that
“after Kyle finished his work that day as a community lifeguard in Kenosha, he wanted to help clean up some of the damage, so he and a friend went to the local public high school to remove graffiti by rioters.”
Later in the day, they received information about a call for help from a local business owner, whose downtown Kenosha auto dealership was largely destroyed by mob violence,” the statement continues. “Business owner needed help to protect what he had left of his life’s work, including two nearby mechanic’s shops. Kyle and a friend armed themselves with rifles due to the deadly violence gripping Kenosha and many other American cities, and headed to the business premises. The weapons were in Wisconsin and never crossed state lines.”
Rittenhouse has a number of social media posts supporting pro-police organizations. WI law states that you must be 18 to open carry a firearm but there are some exceptions for hunting. It’s doubtful Rittenhouse would have fallen under these exceptions. A video shows him being interviewed, him saying that he’s there to protect property and help people who are injured. At the end of the video a protester calls for medical attention and Rittenhouse leaves to provide aid.
At one point, Rittenhouse leaves the area he was in, tries to return but is barred by police from entering. 6 minutes later he is on video running from a group of people and is being pursued by his first shooting victim, Joseph Rosenbaum. Rosenbaum, who has a long list of convictions ranging from arson to sexual assault of a minor, is seen on a video earlier in the evening taunting the group Rittenhouse was with. On the shooting video, Rittenhouse is seen running when a shot is fired from another person at the edge of the lot he’s in while at the same time Rosenbaum throws something at him. Rittenhouse turns and fires a string of shots striking Rosenbaum in the torso and head who would eventually die from his wounds.
The following is a police statement from Richard McGinnis, a reporter and witness on the scene of the first shooting;
McGinnis stated that before the defendant reached the parking lot and ran across it, the defendant had moved from the middle of Sheridan Road to the sidewalk and that is when McGinnis saw a male (Rosenbaum) initially try to engage the defendant. McGinnis stated that as the defendant was walking Rosenbaum was trying to get closer to the defendant. 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. McGinnis described the point where the defendant had reached the car. McGinnis described that the defendant had the gun in a low ready position. Meaning that he had the gun raised but pointed downward. The butt of the gun would have been at an angle downwards from the shoulder. McGinnis stated that the defendant brought the gun up. McGinnis stated that he stepped back and Case 2020CF000983 Document 2 Filed 08-27-2020 Page 3 of 5 he thinks the defendant fired 3 rounds in rapid succession. McGinnis said when the first round went off, he thought it hit the pavement. McGinnis felt something on his leg and his first thought was wondering whether he had gotten shot. McGinnis was behind and slightly to the right of Rosenbaum, in the line of fire, when the defendant shot.
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. 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. Detective Cepress indicates that he asked McGinnis if Rosenbaum had his hands on the gun when the defendant shot. McGinnis said that he definitely made a motion that he was trying to grab the barrel of the gun. McGinnis stated that the defendant pulled it away and then raised it. McGinnis stated that right as they came together, the defendant fired. McGinnis said that when Rosenbaum was shot, he had leaned in (towards the defendant).
Next in the video, Rittenhouse stands next to Rosenbaum and appears to call 911 (later facts show that Rittenhouse called a friend and not 911) and is heard saying, “I just killed someone” as he starts to jog away. As he jogs down the street, a large number of people chase after him. He trips and is immediately attacked by at least 3 people. The first attempts a kick to the head as he’s on the ground.
At this point Rittenhouse fires a shot but does not appear to hit anyone. A second man, Anthony Huber, comes in and strikes Rittenhouse on the head with a skateboard and attempts to take his rifle but is unsuccessful. Huber, who also has a list of convictions ranging from domestic abuse to battery is struck in the chest and eventually dies from his wounds.
As this is happening, the 3rd shooting victim, Gaige Grosskreutz, is seen running towards Rittenhouse with a handgun. After Rittenhouse shoots Huber, Grosskreutz appears to freeze but after a moment, he then moves towards Rittenhouse with his gun pointed towards him and that’s when Rittenhouse shoots him in the arm.
The crowd disperses, Rittenhouse then gets up and jogs towards the police with his hands up. There are several more shots fired off camera but it’s impossible to tell where they came from or who they’re aimed at.
Opinion
Kyle Rittenhouse never should have been there. I have an 18 year old son and I would never have allowed him to insert himself into that scenario with that kind of volatility. With that being said, he was there and so were a lot of other people. There’s a lot of talk about him crossing state lines but that’s irrelevant. His home was 30 minutes away. 2 of the victims lived further away and traveled to Kenosha for whatever reason so the fact that he’s not from there doesn’t matter. It’s also been confirmed that he didn’t own the rifle he was carrying, it was lent to him after he got in town. The law says you have to be 18 to carry in WI but the penalty for that is a class A misdemeanor so this fact is also irrelevant to the case.
I’ve talked about it before in previous articles, but there are 3 things that must be present before you can justify the use of deadly force.
Ability - The ability of the aggressor to do you harm.
Opportunity - Does the aggressor have the opportunity to do you harm?
Jeopardy - The aggressor, either by words or actions, has shown that he intends to do you harm.
In each of the shootings, I’m going to break down each of these categories. Keep in mind, these have to be seen from the eyes of Rittenhouse since he is currently the defendant.
1st shooting, Joseph Rosenbaum.
This shooting is basically what kicks the whole series of events off and is also the most difficult to see on camera. There are enough videos and witness testimony now, though, to form a somewhat accurate picture. Witness testimony tells us Rittenhouse was trying to avoid Rosenbaum but Rosenbaum kept pursuing. First mistake. If I’m unarmed, the last thing I want to be doing is chasing a man with a rifle to start a conflict. Regardless, Rosenbaum does that even when Rittenhouse tries to avoid him and leave the area. As Rosenbaum chases Rittenhouse in between some cars, Rittenhouse turns as Rosenbaum is within arms reach and is shot 3 times by Rittenhouse at point blank range. Rosenbaum dies from his injuries.
Ability - Rosenbaum was chasing Rittenhouse and witness testimony tells us that he tried to grab Rittenhouse’s rifle. This would immediately constitute ability if he tried to gain control of his firearm.
Opportunity - Rosenbaum was within arms reach and Rittenhouse was pinned between some cars. This easily fits the category of opportunity.
Jeopardy - Rosenbaum is seen on earlier video aggressively confronting Rittenhouse and is then seen chasing him, throwing something at him, then reaching for his rifle. Through his actions, it’s pretty clear that intends some sort of harm towards Rittenhouse. Exacerbating the situation is the fact that someone fires a shot into the air at the same time Rosenbaum is running towards Rittenhouse. Rittenhouse could easily have interpreted that as a shot at him by the aggressor.
2nd shooting, Anthony Huber
After the 1st shooting, Rittenhouse is running away. If you’re a victim or potential victim in this case, that should be it. The threat should be over and there is no need to engage. I tell my students all the time, the best outcome is for you never to have to engage a threat. Instead of being good witnesses and letting things play out, the mob pursues Rittenhouse. He eventually trips and the next series of shooting start. I hear a lot of comments about Huber just being some sort of hero who was just trying to stop an active shooter. I think that’s a load of garbage. I don’t believe for a second that a 36 year old man who still carries around a skateboard with a long history of domestic violence suddenly becomes a stand up citizen just intent on protecting his fellow man. He saw a downed person who was with the “other group,” waited for someone else to take the first shot, halfheartedly took a swipe at Rittenhouse with his skateboard, tried to grab his rifle, and got shot in the chest at close range with a .223 caliber bullet.
Ability - From here on out ability is met just from the fact of disparity of force. One of the possible categories of disparity of force is being outnumbered. Rittenhouse is vastly outnumbered by the mob that currently pursues him.
Opportunity - Rittenhouse is on the ground surrounded by people who have already shown that they are close enough to do him harm. Opportunity is met.
Jeopardy - Through his actions, striking with a skateboard and grabbing the rifle, Huber has shown clear intent to do harm.
3rd shooting, Gaige Grosskreutz
Grosskreutz approaches Rittenhouse with a handgun drawn. At this point, he has a split second standoff with Rittenhouse who, to my amazement, has not shot him. If I were in Rittenhouse’s place, I’m not sure I would have done the same after being attacked by 3 separate men. Rittenhouse has his rifle aimed at Grosskreutz and Grosskreutz has his hands in the “surrender” position. All he has to do is walk away slowly and this scenario may be over. Instead, Grosskreutz lunges at Rittenhouse and points his gun at him. Rittenhouse fires a single shot into Grosskreutz’s arm, turning it into jello. With his biceps destroyed, he is unable to release his grip on his pistol and is seen screaming for a medic while clutching his arm and still grasping a handgun.
Ability - Disparity of force plus the introduction of a handgun. Easily met.
Opportunity - Once again, Rittenhouse is in a compromised position and Grosskreutz has a handgun at close range.
Jeopardy - If Grosskreutz had backed up or kept his hands in the “surrender” position, this last category would not have been met. Instead, he lunged and pointed his gun at Rittenhouse. Showing by his actions that intended harm.
The charges
Rittenhouse is being charged with several things including first degree reckless homicide. There were reports of 1st degree murder charges but those would have been impossible to convict. Even with these charges, I’m skeptical. Rittenhouse is becoming some sort of hero to some folks who don’t understand the gravity of the whole situation. Because of the attention this is getting, he’ll probably get a great lawyer and the most they’ll probably convict him of is possessing a gun under 18. That doesn’t mean his life isn’t ruined. Half of the country now sees him as some sort of rabid, man-hunting, white supremacist. His name will be forever known to everyone and a lot will know his face. Every move he makes, social media post, errant comment, will be scrutinized until the end of time.
Rittenhouse never should have been there. At 17 he should have been playing Xbox with his friends or chasing girls or whatever kids his age do these days. But since he was there, his life and 3 others have changed irreversibly forever.
Side note: The AR as a Defensive Platform
One thing, as gun owners, we can take away from this scenario is that the AR platform is a devastatingly effective defensive tool. Strip all of the politics and bias and just watch the many videos to see how in the hands of an untrained 17 year old how effective it is against multiple attackers from a compromised position. The AR should be your first choice for home defense.