Why haven’t Kyle Rittenhouse’s Attackers been Arrested and Charged?

U.S.A.-(AmmoLand.com)- At about 11:45 p.m., on 25 August, 2020, Kyle Rittenhouse was in possession of a Smith & Wesson 15 (AR15 type rifle) in Kenosha, Wisconsin, during a period of civil unrest and rioting. Several businesses had already been burned. According to his lawyers, Rittenhouse was in Kenosha working as a lifeguard. He stayed on to help remove graffiti from the high school. He found that a local business needed help to guard it from the rioters. He and a friend obtained rifles for that purpose. An armed adult male of of about 30 years old was said to be with him shortly before the attacks against him occurred.

Rittenhouse may have aroused the anger of Rosenbaum when Rittenhouse put out a dumpster fire the rioters were attempting to push against a police car.

The fire extinguisher possibility is covered at about the 3:40 mark in this youtube broadcast.

Joseph Rosenbaum was recorded as taunting armed people who were protecting businesses by shouting at them: “Shoot me n*gga! Shoot me n*gga!”

Rosenbaum, a registered sex offender, was reported by Richard McGinnis as attempting to close with Kyle Rittenhouse, but Rittenhouse made a “juke” move and started running from Rosenbaum.

Rosenbaum and other individuals started chasing Rittenhouse. Rosenbaum threw an object inside a plastic bag at Rittenhouse. A shot was fired by an unknown person as the chase moved across the parking lot.

Rosenbaum closed with Rittenhouse as Rittenhouse turned. Rosenbaum attempted to grab the rifle and Rittenhouse fired three or four times.

According to the Milwaukee Medical Examiner's office, as reported in the criminal complaint, Rosenbaum was hit four times, a shot to the lateral left thigh, a shot to the groin, fracturing the pelvis, a shot to the back, perforating the right lung and liver, and a graze on the head. Rosenbaum was declared deceased at the hospital.

McGinnis, a reporter who was following Rosenbaum, attempted to give first aid as Rittenhouse came back and made a phone call. The call was not to 911 as previously speculated. The call was to a friend of Rittenhouse.

As more people approached, Rittenhouse ran back across the parking lot. About a minute later, he was running northbound on Sheridan Road, pursued by a group of several people. Shouts can be heard of “Beat him up!” “Hey, he shot him!” “Get him, Get that dude!” A male ran up behind Rittenhouse and swung at him, making contact and knocking off his hat.

Rittenhouse ran another six seconds, tripped, and fell down. Another person commanded “Get his ass!”

At this point, several people who have been pursuing Rittenhouse effect a coordinated attack. Rittenhouse was able to raise the rifle while down on his back in the street. At least two pursuers stopped and backed off.

A large man in a dark jacket and light pants ran at Rittenhouse from Southwest on Sheridan Rd, attempting to perform a flying kick at Rittenhouse. Rittenhouse managed to turn and fire two shots. The first attacker landed on the pavement and then hobbled off. He has not been identified. Because of the limping retreat, it may be that he was slightly wounded.

At the same time the first attacker was attempting to kick Rittenhouse, the second attacker at the scene was rapidly closing from the west side of the street.

Image of flying kick attack at Rittenhouse from the daily-sun.com, cropped, scaled and text added by Dean Weingarten.

The second attacker, later identified as Anthony Huber, armed with a skateboard, had already started to run at Kyle Rittenhouse. Huber has a long history of violence and has been convicted of domestic violence. Huber struck Rittenhouse with the skateboard less than a second after the flying kick failed.  There is a good picture of the event at greatgameindia.com.

Rittenhouse was able to fire the rifle and recover control. As Huber staggered away, fatally shot, the third attacker, Gaige Grosskreutz, put on the brakes and stopped.

Rittenhouse had his rifle pointed in the general direction of Grosskreutz.

Grosskreutz, was previously convicted of possessing a firearm while intoxicated, a misdemeanor. It has been reported Grosskreutz was a convicted felon. The misdemeanor firearm charge is the highest conviction for him which I have seen confirmed. I have not seen any evidence that Grosskreutz is a convicted felon.

Grosskreutz charged at Rittenhouse again, semi-automatic pistol in Grosskreutz right hand. Rittenhouse shot Grosskreutz in the right arm, and Grosskreutz retreated. The entire coordinated attack by the five or more men was over in five seconds. Three attackers engaged in combat with direct threats. At least two others, probably more, were deterred by Rittenhouse' control of the rifle.

There is a very clear still of the three attackers in one
There is a very clear still of the three attackers in one

There is a very clear still of the three attackers in one frame at the milwaukeeindependent.com.

Numerous felonies appear to have been committed against Rittenhouse by the three attackers. One attacker, Anthony Huber, is dead.

What charges might be brought against the other two attackers?

Since there were multiple, coordinated attacks, they could be charged with conspiracy to commit a felony, under Wisconsin statutes 939.31.

The first, unknown attacker, clearly committed battery against Kyle Rittenhouse with the flying kick attack; because it was countered, the damage may not have been great, making it a Class A misdemeanor under Wisconsin statutes 940.19.

Huber committed a battery, but Huber is dead, so he will not be charged. Because he died, however, in the commission of a crime, the other two combatants may be charged with felony murder, Wisconsin statute 940.30. All three attackers were acting in concert, so the felony murder statute is likely to apply.

Grosskreutz could be charged under the endangering safety by use of a deadly weapon, statute, 941.20, for his actions with the semi-automatic pistol. 941.20 has an exception for defense of privilege of self-defense, or defense of others, which Grosskreutz might claim, and which Rittenhouse is already claiming in his lawyers' statement.

The Kenosha County Prosecutor has decided to press charges against Kyle Rittenhouse, and not against his attackers. This shows a reluctance, almost certainly due to political pressure, not to charge the rioters. All three attackers appear to be from Wisconsin, so there is no interstate nexus for federal charges, unless it can be shown that they received funding or direction from out of state, which would be difficult to prove.

The case shows the incredible power of prosecutors to decide who will be charged, and who will not. The voters have the ultimate authority to place or remove prosecutors. Prosecutors are almost never removed unless their crimes are blatant.

Kenosha County District Attorney Michael D. Graveley may be contacted at (262) 653-2400. Email can be sent through a email wizard at the Kenosha County website.

The Assistant DA who signed the criminal complaint against Kyle Rittenhouse is Angelina Gabriele. Her email is:
[email protected]


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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STONEHENGEWOLF
STONEHENGEWOLF
1 month ago

something evil lurks in OUR USA

Don
Don
2 months ago

They don’t want Grosskreutz in custody as they would then be responsible for his medical care. He also has the defense that he was trying to stop a “mass shooter” and was being a good armed citizen. Also taking him under charge would weaken the terrible case they have against Rittenhouse. If Rittenhouse were shooting at an armed “suspect-attacker” he would have been engaged in legal self defense. No, the prosecutor wants to screw over Rittenhouse.

Dumdfounded
Dumdfounded
2 months ago

Well, two of them are dead and I think the third will suffer enough having use of only one arm.

Raven357
Raven357
2 months ago

So which of these fund raiser are legitimate? I gave $ to NAGR as they stated they are contrubuting to his defense. And there seems to be financial issues with this fighback organization.

Sledneck27
Sledneck27
2 months ago

I have no proof of this, but I strongly suspect the perpetrator of the flying leg kick to be Liu Kang.

Winchester1873
Winchester1873
2 months ago

The grammar here doesn’t even measure up to the fourth grade level. Get it right. “RITTENHOUSE’S…”

Tin Man
Tin Man
2 months ago
Reply to  Winchester1873

The “grammar doesn’t measure up?”

toomanyhobbies
toomanyhobbies
2 months ago

my guess…. whites attacking a white kid is not news but a 17 year old with a gun……

Circle8
Circle8
2 months ago

Question: Why haven’t Kyle Rittenhouse’ Attackers been Arrested and Charged?Answer: Because they are democrats.

STONEHENGEWOLF
STONEHENGEWOLF
1 month ago
Reply to  Circle8

demonicrats

SuperKlutz
SuperKlutz
2 months ago

You’ve made a compelling argument. It’s unfortunate all of this, on both sides, happened. We’ll see how the criminal justice system proceeds, again, on both sides. One thing is certain, time and justice moves forward.

Superman
Superman
2 months ago
Reply to  SuperKlutz

And shiite runs downhill. Your point is?

Tin Man
Tin Man
2 months ago
Reply to  SuperKlutz

Time moves forward; justice sometimes is delayed.

Morrigan
Morrigan
2 months ago

This young man is a hero, his works for the public were recorded too but not shown anywhere but FOX News. I am retired but when the dust clears I will provide combat weapons instruction to this fine young man if no one else will. I work for a degree of anonymity in my personal life now and I do not seek public renown in any way. My personal experience and background are a matter of public record however and I have been very successful in training others to meet and defeat violence, in military, law enforcement and the private… Read more »

Superman
Superman
2 months ago
Reply to  Morrigan

Toot your own horn much?

TNJEWBOY
TNJEWBOY
2 months ago

PS. Did the elected DA receive any campaign funding from SOROS?

TNJEWBOY
TNJEWBOY
2 months ago

It’s time to deal with this violent garbage.

OH, let’s not forget the traitorous officials who are defending the violent garbage.

Chuck
Chuck
2 months ago

Is anyone really surprised that the DA chose not to charge the attackers/instigators of this tragedy? The only thing Rittenhouse is guilty of (and it’s not a crime), is his misplaced compassion for the rioters that might need First Aid. While it’s a noble purpose to render aid, in this situation, the mob couldn’t have cared less about anyone they regard as the “enemy.” Kyle’s compassion and his willingness to help the injured in the mob, illustrates his civil belief in doing the right thing, but the mob could have cared less. Never approach a mob alone is the lesson… Read more »

Don
Don
2 months ago

The guys that attacked Rittenhouse can claim they were trying to take the shooter into custody for the police. Even the guy with the pistol, that was shot, can say he was trying to protect others from a shooter.

1MOA2Day
1MOA2Day
2 months ago
Reply to  Don

Except, no one had been shot prior to him being beaten with the skateboard, knocked to the ground, and then hit with a flying kick.

RoyD
RoyD
2 months ago
Reply to  1MOA2Day

Wrong, short pants had been shot. And rightfully so.

Don
Don
2 months ago
Reply to  1MOA2Day

NO, one was already dead.

RoyD
RoyD
2 months ago
Reply to  Don

I don’t remember any of those people telling Kyle that he was under arrest. A civilian can do that you know. I just love all the “experts” that this incident has caused to come out. It is pitiful and amusing at the same time.

Knute
Knute
2 months ago
Reply to  RoyD

Wow, has it ever. “Pitiful and amusing”??? Yeah, I’d agree with that assessment. There IS something really amusing, and yet pitiful, about watching armchair quaterbacks who haven’t been on a gridiron since high school, if even then, arguing about what a Heisman trophy winner SHOULD have done…
OFC, anybody can CLAIM anything they like, and do. The question is; do the claims bear up under scrutiny? But people seem to have forgotten what investigation is these days. Probably because investigation requires thought, which is also fast becoming a lost art/skill.

pigpen51
pigpen51
2 months ago
Reply to  Knute

I played high school football, and tell guys who like to be armchair quarterbacks who played also, to remember the very best player that they ever played against. Then tell them, that no matter how good that guy was, the guys who play professional ball are 10 times better. I think that it is just ridiculous that with the way politics are now, the judicial system doesn’t allow for the gathering of the true facts of a case, before they use the media to try the defendant in public. Yet this Kyle is supposed to get a fair trial? I… Read more »

Don
Don
2 months ago
Reply to  RoyD

A person doesn’t have to tell an active shooter they are under citizens arrest. An armed citizen or police officer doesn’t need to give any verbal commands before shooting a bad guy.

RoyD
RoyD
2 months ago
Reply to  Don

I don’t know if you are naturally obtuse or are being so just because you think you can add something of worth. Well, you missed out on that second part. I did not say a civilian “had” to tell them, I wrote that they “can.” There is a difference but then you might not understand the difference. Try harder next time.

Charlie Foxtrot
Charlie Foxtrot
2 months ago
Reply to  Don

As far as I know, none of the persons shot by Rittenhouse
had direct knowledge of Rittenhouse committing a felony. We also know that at least one person in the crowd that chased Rittenhouse was the guy that fired the first shot in the air as Rittenhouse was chased by Rosenbaum. We also know that Rittenhouse acted in self defense in the first shooting. This makes the claim that they were just trying to take Rittenhouse into custody after witnessing a felony rather ridiculous. This was a lynch mob that acted with deadly force! Rittenhouse acted in self defense!

Don
Don
2 months ago

Get it right. Rosenbaum was justifiably shot. As Rittenhouse was being chesed, as he moved to get police, were shouting that Rittenhouse had just killed someone. So after the Rosenbaum shooting, the crowd was aware that Rittenhouse was a shooter. They CAN argue in good faith that they were trying to stop a shooter. Even though Rosenbaum needed killing,

Charlie Foxtrot
Charlie Foxtrot
2 months ago
Reply to  Don

Get it right! As far as I know, none of the persons shot by Rittenhouse had DIRECT knowledge of Rittenhouse committing a felony. Someone yelling something and then chasing somebody based on that yelling is not DIRECT knowledge. And, no, there is no such thing as “good faith” when it comes to using deadly force to perform a citizen’s arrest. A citizen’s arrest performed on an innocent person is a crime! A citizen’s arrest attempt using deadly force can ONLY be justified if there is DIRECT knowledge of a felony being committed! Since Rosenbaum was justifiably shot, the attempt to… Read more »

RoyD
RoyD
2 months ago
Reply to  Don

Don: Your sentence structure and punctuation are sloppy at best and comical at worst. At least you are marginally
entertaining if not enlightening. So there is that.

Charlie Foxtrot
Charlie Foxtrot
2 months ago
Reply to  Don

The guy who shot first identified at the shooting in Kenosha:
https://youtu.be/TDtXZIDIyA8

Tin Man
Tin Man
2 months ago
Reply to  Don

Shirley Ujest Don?

JoeUSooner
JoeUSooner
2 months ago

“… unless their crimes are blatant”? Well, Graveley’s crimes (perjury, malfeasance, corruption, etc.) are as “blatant” as is humanly possible.

TNJEWBOY
TNJEWBOY
2 months ago
Reply to  JoeUSooner

Maybe it’s time for vigilante government.
Storm the courthouse and string up both bitches. And the rich elitist bastards who funded their campaign.

Buster
Buster
2 months ago

It’s a sad day in America when the first consideration after such an incident is politics. And attorneys wonder why they’re distrusted and hated so…

Rock
Rock
2 months ago

Cause they are DEMOCRATS and paid by George Soros. Nuff said ?

StLPro2A
StLPro2A
2 months ago

Why haven’t the attackers been arrested? “cause they be the Liberal homies team.

MS-Steve
MS-Steve
2 months ago

What the hey…………. some loser was begging people to shoot him while using racial terminology…. and someone “accommodated” him.
It like a sexual predator asking for a minibike in mid-December… and getting it on Christmas morning. Some people are happy, some people are thrilled, others are relieved.

Vanns40
Vanns40
2 months ago

If this goes to trial these two words should be spread far and wide in Wisconsin: Jury Nullification

Some guy
Some guy
2 months ago

What we have here is democrat terrorists being protected by democrat government officials…. AKA conspiracy.

Green Mtn. Boy
Green Mtn. Boy
2 months ago
Reply to  Some guy

You nailed the reason, because they are Marxist trash sponsored by the likes of the Nazi collaborator and his Marxist Leftards.

Ryben Flynn
Ryben Flynn
2 months ago

The Democrat way. Charge the victim for murder for using self defense against the attackers, and do nothing to the attackers.

RoyD
RoyD
2 months ago
Reply to  Ryben Flynn

Well, being a Democrat does mean that you have no cognitive ability so there is that.

Some guy
Some guy
2 months ago
Reply to  RoyD

No, being a democrat means you are a terrorist loving traitor piece of schiff

1MOA2Day
1MOA2Day
2 months ago
Reply to  Some guy

Haha, you said “schiff”…..(bevis and butthead voice)

Raven357
Raven357
2 months ago

How is the media legally allowed to release his name considering that he is a juvenile, it’s my understanding that is illegal unless they have the parents express permission.

Last edited 2 months ago by Raven357
Some guy
Some guy
2 months ago
Reply to  Raven357

Because media=antifa=democrat=traitor and terrorist.

Don
Don
2 months ago
Reply to  Raven357

Charged as an adult.

Winchester1873
Winchester1873
2 months ago

“The Assistant DA who signed the criminal complaint against Kyle Rittenhouse is Angelina Gabriele.” This says it all; a liberal (and useless) woman wants to make an example of a conservative white male who had the audacity to defend himself with a firearm.

macdog
macdog
2 months ago
Reply to  Winchester1873

Angelina another paid for Soros puppet. Just like antif–k and BLM marxists

Bill
Bill
2 months ago

Well, if it was one of us they would already have us in chains, charges drawn. They would know everything about us back to birth, have every social media post we had ever made( except me because I dont get on any of those places) know where we were, if not already in chains, and already have us convicted in the court of public opinion. In their eyes they are the north and we are the south so you better harden up to what’s coming because I just dont see how it’s not going to happen at this point and… Read more »

Some guy
Some guy
2 months ago
Reply to  Bill

Agreed! Exterminate these cockroaches NOW!

TStheDeplorable
TStheDeplorable
2 months ago

Song, “Streets of Kenosha” (with apologies to Mr. Johnny Cash), about the self defense shootings by Kyle Rittenhouse: https://www.youtube.com/watch?v=gSBKKbhWhMo

Dave in Fairfax
Editor
Dave in Fairfax
2 months ago

TStheDeplorable,
Too bad it’s a sign-in to view video and age restricted. That keeps anyone who doesn’t have an acct from seeing it.

Seadoggo1776
Seadoggo1776
2 months ago

Dean’s hat game is off the charts. How come nobody gives him love for the monochrome Gray Man tailoring. The dude oozes sober emotionless reads of any deadly situation.

JIAZ
JIAZ
2 months ago

Democratic-Socialist politicians don’t want a solution to Antifa / BLM, because they are Antifa / BLM.

“The same offenders are arrested night after night, only to be released by the court and not charged with a crime by the DA’s Office. The next night they are back at it, endangering the lives of law enforcement and the community all over again.”
Sheriff Craig Roberts

https://www.foxnews.com/us/oregon-sheriffs-reject-gov-kate-brown-request-staff-portland-protests.amp

TRUMP 2020*

*He can be an ass#•=~, but right now, he’s the ass#•=~ America needs.

DF0544EE-447B-404E-AA43-F0206FE29C6D.png
WI Patriot
WI Patriot
2 months ago

Fantastic question, but 2 of them are dead, and a 3rd just about had his arm blown off, so there is that…but the remaining attackers need to be identified, and their names and locations published for all to see…

TStheDeplorable
TStheDeplorable
2 months ago
Reply to  WI Patriot

Winning a fight doesn’t make one the bad guy, nor does losing the fight make the other a victim.

Some guy
Some guy
2 months ago
Reply to  WI Patriot

Not a bad idea, but I don’t think you are going to get much for that kind of garbage.

musicman44mag
musicman44mag
2 months ago
Reply to  Some guy

LOL, cute

Joe
Joe
2 months ago
Reply to  WI Patriot

The tree of liberty must be refreshed from time to time with the blood of patriots and TYRANTS!!
“Thomas Jefferson”

Deplorable Bill
Deplorable Bill
2 months ago

Really good question Dean, why are the attackers, the rioters, the arsonists not brought up on charges? The obvious answer is the d a. is corrupt and is in cahoots with them politically at least. More evidence of the two tiered legal system that favors the demoncrapic socialist party. That is treason, that is tyranny. It must be stopped, through the courts if possible. That assumes that there’s a righteous court. If not through the courts it will happen through the citizenry. Why have the attackers not been arrested? Are there no righteous leo’s left? The case is obvious enough.… Read more »

Nurph
Nurph
2 months ago

“Are there no righteous leo’s left?” To question the righteousness of LEOs is a moot point. I hate to say it this way, but “they’re just doing their job”. Even IF they believe the way we do (& some of them just might), what good would it do for them to arrest rioters/looters in HEAVILY democratic-held cities? The bad actors will be out of jail before the ink is dry on their paperwork. The fault lies squarely at the feet of the corrupt DAs. They are the ones that decide who is getting charged with what crime. If they don’t… Read more »

JIAZ
JIAZ
2 months ago

County Prosecutors and District Attorneys are elected officials. They’re politicians, with law degrees, pursuing a political career which almost always is in conflict with the pursuit of justice.

As Dean’s article clearly points out, the sobering lesson learned here is when it comes to filing criminal charges, the “Law” is whatever they say it is.

Darkman
Darkman
2 months ago
Reply to  JIAZ

Never confuse Justice with the Law. One is not always conducive to the other. Laws were originally carved in stone so to speak. With clear and concise language that anyone could understand. Once politicians and more so lawyers came on the scene. What was once right or wrong became a muddled gray area . Of degrees of right or wrong. Justice at one time had clear objectives based on right or wrong. If you did X and were found guilty…Y was the penalty. Then again Politicians and Lawyers found a way to muddle the consequences to matters of degree.When juries… Read more »

GUNFUN
GUNFUN
2 months ago
Reply to  JIAZ

We are all boogaloo bois. How will they stop us?