WI: Political Prosecution, Kyle Rittenhouse Charged with Curfew Violation

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 25 August 2020, Kyle Rittenhouse was chased and attacked by multiple assailants while attempting to escape them. He shot and killed two of the attackers. He wounded a third, Gaige Grosskruetz, as Grosskruetz lunged at him at close range with a loaded semi-auto handgun Grosskruetz had drawn from concealment.

The two white men Rittenhouse killed were violent felons with long criminal histories.

Rittenhouse immediately attempted to turn himself into the police but in the chaos and confusion of the ongoing riot was told to go home instead.

He turned himself in the next day in his hometown in Illinois, 15 miles from the shooting scene in Kenosha.

The prosecutors in Kenosha have ignored all the video evidence in order to charge Kyle Rittenhouse with the most significant crimes they can imply. He is charged with intentional homicide, and faces life in prison if convicted. The prosecutor is not content with these acts of political theater. Four months after the fact, Kyle has been charged with violating the curfew on 25 August 2020.

From wisn.com:

Prosecutors have charged a 17-year-old Illinois teen accused of shooting three people during a protest in Kenosha this summer with violating the curfew that night.

Kyle Rittenhouse was charged in August with multiple counts, including reckless and intentional homicide, endangerment and being a minor in possession of a firearm.

Prosecutors added violating curfew the night of the shootings to the list of charges on Monday.

The offense is a civil citation punishable by forfeiture.

In a discussion on an Internet forum, some of the responses were satirical. Satire is always difficult to do well on the Internet.

The writers suggested the prosecutor include more charges against Kyle. They suggested he be charged with jaywalking, littering (he did not police up his brass after the shooting). One commenter suggested he be charged with loitering.

No one suggested “Disturbing the peace”. Wisconsin law specifically exempts open carry from being considered as “disturbing the peace”, but, as shots were fired when Kyle was attacked, perhaps disturbing the peace could be added.

Another outlet, the Milwaukee Journal Sentinal reports that 150 people were arrested for curfew violations during the 10 days of riots and protests. They report the ACLU of Wisconsin has called for all citations to be dismissed on 9 September. From jsonline.com:

The ACLU of Wisconsin on Wednesday called for Kenosha curfew violations issued during the recent unrest there to be dismissed, saying the curfew was never lawfully imposed, just announced by the sheriff.

According to the ACLU, Sheriff David Beth had no legal authority to declare a curfew on Aug. 24, the day after violence and arson broke out amidst protests over the shooting of Jacob Blake.

Online, some suggest President Trump should pardon Kyle Rittenhouse, give the obvious political nature of the charges. Others quickly noted presidential pardons only apply to federal crimes. The crimes Kyle Rittenhouse is charged with are state offenses.

President Trump could pardon Kyle Rittenhouse’ friend, Dominick Black, who purchased the rifle he loaned to Kyle Rittenhouse on 25 August. Rittenhouse could legally possess the rifle in Wisconsin, but could not legally purchase it from a federal dealer.

It is theoretically possible for Black to be charged illegally purchasing the rifle under federal law, although the rifle was kept at his home in Wisconsin.

President Trump could preemptively pardon Black. Federal prosecutors have not shown any interest in charging Black at this point. It is not illegal to purchase a rifle and to hold it for someone who could legally purchase it later. Rittenhouse will turn 18 on 3 January 2021.

That complicates the charges, slightly.

A political Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) might decide to seek prosecution of Black under a Biden/Harris administration.

The latest charge, for a curfew violation, smacks of desperation by the prosecutors.

It is hard to see how a Kenosha jury could convict Kyle after viewing the abundant video evidence from multiple angles.


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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swmft
swmft
3 months ago

laws that protect prosecutors from their crimes need to be resended ,political persecutions should not be protected

John Dow
John Dow
3 months ago

150 curfew arrests in 10 days? 15 a day? Hardly seemed worth the effort of declaring the curfew.

How many were arrested for real crimes – rioting, destruction of property, arson, etc. etc.? <crickets>

Tionico
Tionico
3 months ago

For the “illegal” or strw” purchase charge to stick the prosecutioin (federal, not corruptWisconsin, though the Fed might also be corrupt) would have t prove beyond a reasonable doubt that Mr.Black originally purchased the rifle with the express intentof providing it to Rittenhaus, knowing Rittenhaus couldnot lawfully POSSESS the rifle. They would have to prove it was purchased FOR Mr. Rittenhaus instead of purchased forMr.Black’s own legitimate use, and then he later decided to loan it to Mr. Ritenhaus. They would have to further prove that Black KNEW Mr. Rittenhaus could not lafull POSSESS the rifle… proving he could not… Read more »

Finnky
Finnky
3 months ago
Reply to  Tionico

@Tio – Actually straw purchase charges do not require that possession by actual purchaser, much less that nominal purchaser know of such restraint. Well established through successful prosecutions. It is perfectly legal to purchase firearm as a gift, though you could end up having to prove your innocence (!!!) If buying for one not in your immediate household. In this case I believe it has been established that Mr Rittenhouse provided the money used to make the purchase. As I understand, this point is the foundation of prosecutions case. Would have been wiser for Mr Black to have simply purchased… Read more »

RoyD
RoyD
3 months ago
Reply to  Finnky

Cash is king.

ralph
ralph
3 months ago

I cannot condone Rittenhouse’s bringing of a weapon to the riots, but to charge him with murder is a farce and a waste of prosecutorial/judicial time. No way a murder charge will stick. Maybe a noise violation.

Bill
Bill
3 months ago
Reply to  ralph

This suggests that anyone who carries a weapon into a dangerous situation, into which one enters not for the purpose of engaging in bad behavior but instead to protect innocent people and their property, and while anticipating a possible need to actually defend oneself or others, is not to be condoned. I have to disagree.

RoyD
RoyD
3 months ago
Reply to  ralph

So Ralph, by extension, you would also not condone law enforcement people bringing “weapons” to a riot. My only question is, are you a moron or were you falling down drunk when you posted your opinion?

jukk0u
jukk0u
3 months ago
Reply to  ralph

Yep. Nobody should protect anything they own. Just surrender all to thugs and have a spirit circle to assuage your feelings of lost “privilege”.

Ram
Ram
3 months ago

” Peaceful protests ” across the country were fueled by the imbalanced passions of stupid a/o insane people, and the infusion of dark money to BLM, and Antifa (both have names that oppose their reality). The same dark money has long financed political campaigns and governmental careers in many of our major cities. Playing both ends of chaos against the middle, must bring the ultimate glee to a certain original Nazi collaborator. Young Mr. Rittenhouse finds himself a focal point in the melee, because Rosenbaum (a hardened criminal) decided he could strip a gun away from, as he saw it,… Read more »

Last edited 3 months ago by Ram
Cruiser
Cruiser
3 months ago

Kyle will beat the charges, You know they backed themselves into a corner
when they now charge him with a juvenile misdemeanor.
2 million dollar bond for a curfew violation, what’s next?

Mystic Wolf
Mystic Wolf
3 months ago
Reply to  Cruiser

When all is said and done Kyle should turn around and sue for tens of millions not jyst from the state but from the blm and the antifa, he should sue all those that made his life a thpe of he11.

Dr. Strangelove
Dr. Strangelove
3 months ago

Yes, they might as well ticket him for noise ordinance violations while they’re at it. If Biden is installed in the WH, (and rapidly replaced with Komrade Harris) expect honest citizens protecting themselves to be prosecuted, while the rioters are free to create mayhem.

JSNMGC
JSNMGC
3 months ago

What you described is exactly what happened under the Trump administration.

Dr. Strangelove
Dr. Strangelove
3 months ago
Reply to  JSNMGC

Expect it to get much worse.

JSNMGC
JSNMGC
3 months ago

No doubt, but the President didn’t have anything to do with Kyle being arrested, just like Biden won’t have anything to do with people being arrested for protecting themselves. It will remain local LEOs and local prosecutors.

However, the President could have ordered the BATFE and FBI to investigate and arrest the violent rioters for federal crimes, such as using incendiary devices that are prohibited by the NFA of 1934. Instead, the BATFE has been out working on braced pistols, 80% pistol frames, and suppressor kits.

Tionico
Tionico
3 months ago

well, with the ratios in this incident, two dead, one serously unjured and no usable gun hand, on Team One,and once the court nonsense is done, a free and able Team Two, how long will it tiake to “clean out the cesspool” of the filth we saw in action that night.
But then who ever tried to claim Antifa/BLM are smart enough to use maths?

CourageousLion
CourageousLion
3 months ago

Insane psychopathic control freaks are in the government. We need a purge day to get rid of them and that PERSECUTOR should be one of the first on the list to be given 10 minutes head start.

Mystic Wolf
Mystic Wolf
3 months ago
Reply to  CourageousLion

Ten minutes you sure are generous with time, give the prosecutor maybe 5 minutes or less then chase them down.

Tionico
Tionico
3 months ago
Reply to  Mystic Wolf

Thirty Seconds. . And a pair of running shoes. Clock starts when the shoes are properly installed. Team of riflemen rndomlly chosen. Open field.

nrringlee
nrringlee
3 months ago

Welcome to A Brave New World. Self defense is not a defense if your self is a member of a vilified class. Intersectional algebra say so. Kyle could also be charged with violating any sound ordnance in Kenosha. He did not have a suppressor on his AR.

Tionico
Tionico
3 months ago
Reply to  nrringlee

self defense would be a legal defense agaisnt such charges. I find it amusing that NOT ONE of the rioters/destroyers that night have been charged wiht anything. Apparently one of the dead guys was a felon in possession of a firearm, none of the arsonists have been charged, the guy who had his handgun drawn on Kyle has not been charged with Assault wit Deadly Weapon. I beleive several other of his attackers have been or easily could be identified fromthe available video, and have not been.. rioting, breaking and etnerins arson or the attempt,trasspassing, etc. Ya wanna play nit[icker… Read more »

Charlie Foxtrot
Charlie Foxtrot
3 months ago

Relax, Rittenhouse’s lawyer, Lin Wood, got this! He will win this case, right after he finds Epstein. Rittenhouse is toast! Oh, and ask a real lawyer on why Rittenhouse is getting charged with violating the curfew. Hint, the charge applies to his presence before the shooting and questions if he can claim self defense at a place where he had no right to be (due to the curfew). I am not a lawyer and I haven’t stayed in a Holiday Inn for a while. Understanding the details would require to be a real criminal defense lawyer who knows the state… Read more »

Last edited 3 months ago by Charlie Foxtrot
SuperScout
SuperScout
3 months ago

 Wood left this case and is now involved in election-related litigation in multiple states.

Charlie Foxtrot
Charlie Foxtrot
3 months ago
Reply to  SuperScout

I only heard that John M. Pierce stepped away from the case due to him having “financial issues”. Did Lin Wood bail too?

CourageousLion
CourageousLion
3 months ago

You win the BRAIN DEAD COMMENT OF THE DAY award.

Charlie Foxtrot
Charlie Foxtrot
3 months ago
Reply to  CourageousLion

I guess I should have made some rah-rah chest-thumping post to appease the Ammoland comment section. LOL.

Fact is that Kyle Rittenhouse didn’t had the best legal representation and still may not have. He not only has fallen victim to a violent mob and a politicized prosecution, but also to grifters that call themselves lawyers.

One can get charged with a lot of additional crap and a good lawyer will need to fight this. This new charge may very well be intended to delegitimize his self defense claim. I wish Ammoland would have actual lawyers providing some insight here.

Tionico
Tionico
3 months ago

I do not believe the curfew would apply to an individual onprivate property, which is where this whole schemozzel started. Kyle was NOT running the streets until he was attacked and driven off the private property where he had a right to be. The activists who were trying to burn down the business’s building, and who assaulted Kyle in the first palce, should be charged with the curfew violtion. If they are not so charged, Kyle cannot be either. Kyle even less so.

Charlie Foxtrot
Charlie Foxtrot
3 months ago
Reply to  Tionico

That would be the argument a competent defense attorney would make, but then we do not know all the facts. Kyle is clearly seen in videos on the streets and in front of different buildings. Did he really have specific authorization to protect a certain property? Which one? As I said, the prosecutors may go after him not having the right to be in the place where he was attacked. The charge may also just have been added to smear him more in front of the jury. Oh, and whataboutism doesn’t work in a court room. Someone else not being… Read more »

Finnky
Finnky
3 months ago

@CF – I am also not a lawyer, and my legal advice is worth less than you are paying for it. That said, I understand self-defense depends on totality of circumstances. Simply breaking curfew does not strip anyone of their right to self defense. Generally self-defense can be claimed unless one was being criminal aggressor. Requirement for self defense is simply that someone attacks you with deadly force, without you having instigated the violence. Some claim that the second attack was defensive and the “victims” were acting to defend crowd from the “dangerous gunman”. That claim has no merit as… Read more »

Charlie Foxtrot
Charlie Foxtrot
3 months ago
Reply to  Finnky

I think we do not know enough about the case! I also think that the purpose of these new charges is to change the totality of circumstances. It’s not just breaking the curfew, but there will be other aspects that play into the totality of circumstances. I still believe that he initially got a piss-poor defense that focused on playing games in the public, rather than fighting the case.

Charlie Foxtrot
Charlie Foxtrot
3 months ago

John M. Pierce stepped away from the case due to him having “financial issues”.

Lin Wood has lost it! He thinks that Epstein is alive and he has been fired from the Trump legal team quite a while ago.

Then there is you, making sense of it all!

Charlie Foxtrot
Charlie Foxtrot
3 months ago

I am glad that you remember some of our old discussions before your name change, forced or voluntary!

Based on what Lin Wood posts on a daily basis, I figured that you are a regular follower.

JSNMGC
JSNMGC
3 months ago

Trump could also order the BATFE to prosecute the BLM/Antifa violent rioters with violations of the NFA of 1934, that prohibits the types of incendiary devices they used in Kenosha.

I would be shocked if there were not other federal firearm laws that same group of people violated.

I have not heard of any Republican legislators calling for the President to issue these directives.

musicman44mag
musicman44mag
3 months ago

Ok, now you know they are desperate. They see the writing on the wall and are grabbing at anything they can get because he is not going to be confined in prison because the people will not allow it. Remember he needs to be tried in a court of law and the people will vote what the charges they will allow and the judge determines the penalty. If I was in the jury, my first day would be spent asking why we are all here and wasting tax payer dollars and time and make it clear that I could not… Read more »

Laddyboy
Laddyboy
3 months ago
Reply to  musicman44mag

NULLIFICATION of these FICTICIOUS CHARGES.
Then allow Mr. Rittenhouse the RIGHT to SUE all of the initiators of these FRIVOLOUS CHARGES against him.
Where is the “QUALIFIED IMMUNITY” due Mr. Rittenhouse from being FORCED to DEFEND himself against these WANTON THUGS??????

CourageousLion
CourageousLion
3 months ago
Reply to  musicman44mag

Best thing to do is to shut your mouth, get on the jury and either convince the other jurors of his innocence or simply shut up there to and HANG the jury. The verdict has to be unanimous. ONE juror can hang the jury and they either have to retry him or give up. Typically they give up. In his case I suspect they would try him again. BTW…the NOT GUILTY verdict DOES NOT have to be unanimous. 12 jurors and if 7 say NOT GUILTY that is what it is.

Finnky
Finnky
3 months ago
Reply to  CourageousLion

@CL – Best advice to date. Shut up. Don’t give prosecution opportunity to exclude you with cause. Judge will eject any potential juror who expresses pre-existing bias or who utters “jury nullification”. Prosecutor may eject a limited number of possible jurors without cause. They may identify you as someone they don’t like, but force them to burn their ejections on speculation.
I speculate that majority of Kenosha jury pool is quite familiar with the devastation left in the wake of the “demonstrations”. Hard to imagine they cannot relate to some degree of fear in facing that mob.

WI Patriot
WI Patriot
3 months ago

ROFLMFAO…”curfew violation”…

What about the douchebags out “protesting”, are they going to get charged with “curfew violation” as well, or is this just a “lets throw whatever we can and see what what sticks…?”

RoyD
RoyD
3 months ago
Reply to  WI Patriot

When slinging mud, sling it till you run out of mud or someone stops you. It’s what liberals do.

CourageousLion
CourageousLion
3 months ago
Reply to  WI Patriot

Exactly. The guy he shot in the arm hasn’t been charged with ANYTHING and he could be charged by the FEDS for having possession with a felony conviction on his record.

Tionico
Tionico
3 months ago
Reply to  CourageousLion

not to mention state charges of assault with a deadl weapon, agtempted murder (on Kyle), rioting,

Don
Don
3 months ago
Reply to  CourageousLion

He was not a felon. He had a permit. He can say he was trying to stop an active shooter. He can claim he was a good armed citizen.

Tionico
Tionico
3 months ago
Reply to  WI Patriot

others out that night WERE charged with curfew violatin,s whcih charges were tossed out by the ACLU’s lawyers on the basis the shriff did not have authorit to impose the curfew. If the charge could not stick on the rioiters, HOW can they expect it to stick on Kyle? And,the FACT that charge was dropped on EVERYONE ELSE so charged, means they cannot then charge Kyle. he’d be innocent on the same basis as those whose charge has already been dismissed.