Initial Hearing for Rittenhouse held in Wisconsin Defensive Shootings

Kyle Rittenhouse: Are People under the age of 18 Forbidden from Open Carry in WI?
Kyle Rittenhouse: Are People under the age of 18 Forbidden from Open Carry in WI?

U.S.A.-(AmmoLand.com)- On Thursday morning, 3 December 2020, the initial hearing on the Kyle Rittenhouse case was heard by Court Commissioner Loren Keating. The hearing started at 10:54 a.m., in a virtual hearing via video conferencing.

According to court records from the wicourts.gov:

10:54 AM Defendant, Kyle H. Rittenhouse, appeared with Attorney Mark D. Richards; Attorney Natalie Wisco. Attorney Tom Binger and Attorny Jason Zapf appeared for the Prosecution. Victim G.G. present with Attorney Kimberly Motley; victim J.H. present with Attorney Anand Swaminathan. Clerk – CJ. MINUTES: Court addresses the orders for pro hac vice admission signed by Br 3 and the objection that was filed by the State – Atty Binger states that objection does not need to be argued today; Atty Richards is in agreement but believes the objection was not timely; Court preserves the State’s objection to the pro hac vice admissions to be argued before the Judge if needed. 

 As to the motion to dismiss filed by Atty Richards – Arguments heard regarding Ct 6; motion denied by the Court in regards to Ct 6. Arguements heard regarding Ct 2; motion denied by the Court in regards to Ct 2. 

State by Atty Binger called witness KPD Detective Benjamin Antaramian; sworn in and testified; cross-examination by Atty Richards; exhibits 1 -12 offered by Atty Richards. Atty Richards moves to enter all exhibits shown on the record; Exhibits 1-12 received by Court. ST rested and moved for bind over; arguments heard. Probable cause found; bound over for trial. Information to be filed within 30 days. Arraignment scheduled for January 5, 2021 at 01:00 pm.

The motions to dismiss counts 2 and 6 were denied at the initial hearing.

This indicates the judge believes some argument is to be made so that the prosecution can prevail on those counts.

  • Count 2 is 941.30(1)1st-Degree Recklessly Endangering Safety.
  • Count 6 is  948.60(2)(a) Possess Dangerous Weapon-Person < 18

Those two counts appear to this observer to be the weakest counts in a weak prosecution case.  Here is 941.30(1) from Wisconsin statutes:

Recklessly endangering safety.

941.30(1) First-degree recklessly endangering safety. Whoever recklessly endangers another’s safety under circumstances which show utter disregard for human life is guilty of a Class F felony.

As Kyle fired to protect his own life and only hit the person who was attacking him, this statute does not appear to apply. Clearly, there was no “utter disregard for human life”, when he was protecting his own life. Kyle’s lawyers make the case in a slightly different manner in  their motion to dismiss:

Further, conviction for violation of 941.30(1) requires a finding that an individuals safety was endangered by the conduct of the defendant. As there are no facts in the criminal complaint exhibiting how Richard McGinnissafety was endangered by Rittenhouse, the complaint fails to allege facts which could allow a reasonable person to conclude that a crime was committed. Accordingly,Count 2 should also be dismissed.

I have covered 948.60(2)(a) extensively in a previous article. Kyle would appear to be covered by the exception in 948.60(3)(c).

Kyle’s lawyers make that case in the motion to dismiss. From the motion:

Section 948.60(3)(c) provides exemption for the prosecution of minors in possession of rifles or shotguns unless at least one of two conditions are satisfied. As neither condition is satisfied in this instance, the criminal complaint is insufficient and Count 6 should be dismissed.

The motion to dismiss is much longer than these short summaries. It is beautifully and clearly written and signed by Rittenhouse’s Lawyer Mark D. Richards.

Both motions to dismiss counts 2 and 6 were denied by Judge Keating, as shown in the court document.

Counts are sometimes dismissed in initial hearings. I asked a retired officer, who spent his career in Wisconsin, about it.  He said it happened, but very rarely.  He said it was more likely decades ago when judges were more willing to act as gatekeepers. He suspected it to be unlikely in a political case.

It did not happen in this case.  The case is highly politicized and of national interest.


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.

Dean Weingarten

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Get Out
Get Out
1 month ago

IMOA the prosecution of people defending themselves from bodily harm is clearly a signal and warning not to defend yourself if threatened by thugs on the street or on your own property. The shear number of videos to be had is more than enough evidence to exonerate Rittenhouse that he was clearly running for his life and only defended himself when they caught up to him. The video shows a violent mob out to do harm, they tried to take his weapon, physically assaulted him with kicks, skateboards and handgun.

Dr. Strangelove
Dr. Strangelove
1 month ago

The big picture is that from George Zimmerman to Kyle Rittenhouse and the McCloskeys, you will be punished for standing up to the mob. Even if eventually found not guilty, anyone who does so will be jailed, face a lenthy, expensive trial and have their name dragged through the mud by the leftist media.

JDT
JDT
1 month ago

If instances continue to happen like that night people should hide among these sheep and take them down from the inside.

Tionico
Tionico
1 month ago

As Dean so cleaeerly shows, his possession of that long gun on the street, at his age, was at that time legal. FUrther, he did NOT possess that loaded long gun in public until he was FORCED OFF the private property where he was helping protect an individual’s private property, actively under attack by the three who ended up shot (sadly only two dead). He was faced three options: One: allow the attackers to take his loaded gun by force… likely their first use would have been to kill HIM. Two: attempt to ward off their violent attack, despite disparitu… Read more »

Doug G.
Doug G.
1 month ago
Reply to  Tionico

I agree with your sentiments completely but I think your view of his attackers is a little off. If during the second attack down the road, they got Kyle’s rifle, they are too big of pussy’s to actually use it on him or anyone. Skateboard guy? I think not. Sure there was a lot of chest thumping going on but when it comes to killing someone, those child molesters would have wet their pants, with the exception of the first guy who attacked Kyle, and that’s because he was downright crazy, nutso, having just come from an involuntary psych detention.

pigpen51
pigpen51
1 month ago

I look at these things, and find that they are merely procedural things, and have little to nothing to do with the actual trial itself. Of course, it is BS that the case was even brought. But the fact is, the case WAS brought, and so now, Kyle is facing some serious charges, and fortunately has one of the best defense attorneys he could ask for. So getting too worried about this case, I think that we have to wait for a bit, until the actual trial starts, for real, and not just preliminary motions, and legal maneuvering that always… Read more »

hoss
hoss
1 month ago

There will be a day of reckoning, because there is always a day of reckoning. These political hacks impersonating judges will one day have to account for their treachery, either in this life, or the next. I for one would not want to be in their shoes! I am truly thankful that I’m closer to the end of my life than the beginning. I do regret the sheeple in this country will continue to be sheep, and will continue to be played. As long as they are not indisposed they’ll just sit back, and do what they always do, bend… Read more »

TNJEWBOY
TNJEWBOY
1 month ago

Call it what it is BULLSHIT.
This is an open and shut case.
This is self defense.
(OH,, are you really going to cry about the vermin who attacked Kyle and paid for it??)

This case is designed to throw fear into any individual who has the balls to defend themselves.

Now in closing look up an old Mobey Grape song, “Murder In My Heart For The Judge.”

Rowboat
Rowboat
1 month ago

Kyle Rittenhouse is THE litmus test of the 2nd Amendment. If he is found guilty by this Democrat judicial lynch mob, God have mercy on us, for we have truly and irrevocably lost the America we once knew to the forces of evil !! The American public has now become a nation of sheep . During all of the insurrection, Burning, Looting and Murder- not one organized effort was put forth to say enough is enough, not even the police. It will be time to refresh that Tree of Liberty, but I fear that the Conservative sheep and the turncoat… Read more »

Oldmarine
Oldmarine
1 month ago

What we need is about 100 people show up (armed) to show up at the . court house to show support for Kyle and Justice. Judges are not perfect and when they abuse the law they should be held accountable.
This is supposed to be government by the people and when individuals abuse the Constitution they are violating the people who actually expect them to act as public SERVANTS.

TNJEWBOY
TNJEWBOY
1 month ago
Reply to  Oldmarine

Big THUMBS UP, Semper Fi.

Rowboat
Rowboat
1 month ago
Reply to  Oldmarine

Actually, we need the 30,000 that showed up in Richmond Va. last year all pretty much armed ! But again, I don’t know how much was accomplished in that peaceful demonstration, since it did not dissuade Governor Black Face Northam and all his cronies from implementing all their anti gun agendas.

Jaque
Jaque
1 month ago

Get ready for a gaggle of new Federal laws against armed self defense, Castle Doctrine and Stand your Ground Laws by the Biden Communist Regime. Biden presents an existential threat to our freedoms, natural rights, and the Republic of the United States. If we are to live as free men, with the rights of self defense and to be secure in our homes we must never allow a communist government to rule over us.

nobodyuknow
nobodyuknow
1 month ago

Why is Kyle Rittenhouse even being forced to defend himself in such a clear cut case of self defense?!! Because some Communist Bitch says so! WAY PAST TIME TO SET THIS LOAD OF BOVINE SCATOLOGY RIGHT!!!

Quatermain
Quatermain
1 month ago
Reply to  nobodyuknow

That time may shortly be at hand. We are long overdue in imposing a Constitutional reset on the government.

Oldmarine
Oldmarine
1 month ago
Reply to  Quatermain

The Constitution is there for the Law to follow and when it doesn’t then the LAW becomes the CRIMINAL.

JSNMGC
JSNMGC
1 month ago
Reply to  nobodyuknow

I agree, but why was he even forced to defend himself with a firearm?

There were plenty of armed government employees present to keep the peace, but they just stood there and watched.

Doug G.
Doug G.
1 month ago
Reply to  JSNMGC

Cops were told to stand down and just keep the mob moving, per the panty-waste Mayor, who let his town burn to the ground.

JSNMGC
JSNMGC
1 month ago
Reply to  Doug G.

I know.

The LEOs should have disobeyed that order.

hippybiker
hippybiker
1 month ago

It is astounding, disgusting and very disheartening to imagine that a young man’s life is in the hands of such pandering FOOLS!

BigJim
BigJim
1 month ago

Binger and Zaph have stepped in catshit and are tracking it all over the courtroom. The whole thing stinks.

uncle dudley
uncle dudley
1 month ago

I do not believe that the court is interested in justice but rather is wanting to send a message that they will not allow an armed citizen to protect themselves from harm, the video’s should have been enough evidence that Rittenhouse was acting in self defense and was not the aggressor but the defender.
Politics from democrat haters of conservative beliefs, if the prosecution was truly interested in justice the other players who were trying to harm Rittenhouse would have also been arrested and charged for their crimes.

JSNMGC
JSNMGC
1 month ago
Reply to  uncle dudley

Yes, this was the primary reason they threw the book at him.

How can you manipulate criminals into violently rioting to further your cause if they feel a non-government employee might say “no” and cause the criminals to stop rioting?

They already have the armed government employees taken care of – notice who didn’t get arrested in Kenosha.

Degforyou
Degforyou
1 month ago
Reply to  JSNMGC

Everybody knew how this was going to turn out anyway. Don’t know why so many are surprised. All that can need to go get Kyle away from there and dare anyone to try and stop it.

Degforyou
Degforyou
1 month ago
Reply to  uncle dudley

I’m like Oldmarine said “time for a gathering like in Virginia” and I would if I was able too. Should have already been done to show these nitwits how we feel.

Camotim
Camotim
1 month ago

Mr Rittenhouse is an American Hero. He acted in self-defense. These charges need to be dismissed eo instante. And those who are persecuting/prosecuting Mr Rittenhouse need to be disbarred and made to a long term of harm time.

Finnky
Finnky
1 month ago
Reply to  Camotim

@Camotim – I don’t think Kyle is a hero. He is a stupid kid who put himself into harms way. Fortunately when things went sideways he was able to acquit himself rather well. Despite an obvious lack of physical fitness and lacking a team he was able to escape – and acted with admirable restraint in only shooting people actively attempting to do him serious harm. I’ve watched many videos of this event. As far as I’ve seen, this is textbook self defense. Could easily see the videos being used for training – both LEO and private individuals. Prosecutors are… Read more »

Degforyou
Degforyou
1 month ago
Reply to  Finnky

Agree with u fully. Should’ve already been done, go get um.

Degforyou
Degforyou
1 month ago
Reply to  Camotim

Agree with u fully.