U.S.A. –-(AmmoLand.com)- A bizzare claim is blowing around the Internet. It was posted in an article I wrote about Lin Woods suing Candidate former Vice President Biden for smearing Kyle Rittenhouse as a white supremacist. christianprogrammer wrote:
Wow bro you glossed right over Rittenhouse’s MURDER of an unarmed man — AT DISTANCE —
It may be that Joseph Rosenbaum did not have a visible weapon in his hand when he attacked Kyle Rittenhouse. It is irrelevant. He was shot at very close range while lunging to grab Kyle’s rifle, after showing himself to be out of control, threatening, and pursuing a fleeing Rittenhouse across a parking lot at the head of a number of pursuers. The entire sequence can be seen here.
Joseph Rosenbaum had already shown himself to be emotionally unstable to the point of violence. He had approached visibly armed men and dared them to shoot him, exhorting them, with loud shouts of rage to “Shoot me n*gga!” “Shoot me n*gga!”
It shows Joseph Rosenbaum, immediately before the incident with Rittenhouse, was emotionally unhinged and ready to commit violence. Rosenbaum changed his appearance immediately before attacking Rittenhouse, indicating intent to avoid identification.
Just minutes later, 17-year-old Kyle Rittenhouse is fleeing from several people. The lead pursuer is Joseph Rosenbaum. Behind Rosenbaum is reporter Richard McGinnis. McGinnis testifies there were others moving toward Rittenhouse behind him.
Rosenbaum throws a plastic bag with what appears to be a full drink bottle in it at Kyle as Rittenhouse flees. As Kyle approaches a dead end blocked by a line of vehicles, a shot rings out, fired by a different rioter. Kyle turns. Rosenbaum is closing fast, and lunging to grab the barrel of Kyle’s rifle. Kyle fires four quick shots, killing Rosenbaum at what appears to be arms length distance. It is classic self-defense.
There are several elements to self-defense. First, you must not have been the initiator of physical violence. There is no evidence that Kyle initiated the violence. There is no evidence he committed or provoked any violence before being pursued by Rittenhouse and the mob, just before the shooting.
Even if he had provoked violence, he regains his legal right to self-defense when he attempts to retreat from the situation. Kyle Rittenhouse was fleeing Rosenbaum and the mob. If Rosenbaum did not want violence, he merely had to refrain from pursuing and attempting to disarm Kyle Rittenhouse.
The video of the incident is reasonably clear. Rosenbaum pursues Kyle, throws an object at him, then a shot is fired by someone else. Then Rittenhouse is slowed by the rows of cars and turns to see Rosenbaum near and rapidly closing the gap.
Kyle brings the rifle up to fend of Rosenbaum, and shoots Rosenbaum four times at very close range, as Rosenbaum attempts to take the rifle from Kyle.
The best eye witness was Richard McGinnis. McGinnes says Rosenbaum was “lunging to grab the barrel of the rifle”.
Second, the defender has to believe his life or bodily integrity is in danger. Many people have been severely beaten in previous riots. It would be hard to argue that Rosenbaum merely wanted to peacefully discuss current events with Kyle.
When someone is attempting to forcibly disarm you, after chasing you, you may reasonably believe they are not going to play nice after taking your rifle.
Kyle appears to have had a reasonable belief his life or bodily integrity was in danger.
He could not know Joseph Rosenbaum was a registered sex offender with a long criminal history of violence in prison. A jury should know that to explain why Rosenbaum would attack an innocent person for no apparent reason, other than his personal rage. It is the sort of thing Rosenbaum had a history of doing.
Rosenbaum did not have a visible weapon, other than hands and feet, when he attempted to take the AR15 from Kyle Rittenhouse.
He would not have been unarmed once he took Kyle’s rifle. He could not legally be armed with a firearm because he was a convicted felon. If he had taken the rifle, Rosenbaum would have been guilty of at least three felonies: Battery, Robbery, and felon in possession of a firearm.
After shooting Rosenbaum, Rittenhouse retreats further, then circles around and carefully approach Rosenbaum, who is on the ground. Kyle appears to want to assist. McGinnis is already providing first aid.
Rittenhouse is threatened by more members of the mob and runs toward police lines.
The left has somehow deluded themselves, if you shot someone who is violently attempting to disarm you, you lose your ability to defend yourself from other people violently attempting to disarm you. It is insanity as if people never commit crimes in concert or in mobs.
When I was teaching self-defense courses, I reminded people not to intervene in situations where they did not know what had happened. The people who attacked Kyle Rittenhouse a minute after he shot Rosenbaum, did not know what had happened, whether Kyle was the victim or assailant.
They did not know if he had shot anyone. Gaige Grosskreutz, who later lunged at Kyle with a semi-automatic pistol in his hand, asked Kyle if he had shot someone.
Kyle said he was going to get the police. Kyle is halfway there. He only shot white people who were attacking him.
If someone is chasing you and attempts to violently take your defensive firearm, you are not obligated to wrestle them for the firearm. You can shoot them to prevent them from disarming you. You may face a jury.
There are numerous cases as examples. A person who is attempting to illegally and violently disarm you is routinely considered a deadly threat by the courts.
As a reminder, Wisconsin law did not forbid Kyle from possessing an AR15 type rifle in Kenosha that night, in spite of the false reading of the law by the politically motivated prosecutor.
Wisconsin law on the subject is a bit convoluted, but clear when read to include the exceptions.
Kyle Rittenhouse is a political prisoner, because he dared to defend himself against multiple attackers.
To avoid harm, his attackers had merely to allow Kyle Rittenhouse to leave their presence, as he was shown to be doing, on video.
If they had not chased or attacked Kyle, no one would have been shot.
About 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.