Natural Right to Self-Defense On Trial In Rittenhouse Case

Kyle Rittenhouse: Are People under the age of 18 Forbidden from Open Carry in WI?
Kyle Rittenhouse. Is he on trial, or is the act of self-defense in the X-ring as well?

U.S.A.-(AmmoLand.com)- As the defense rested in the murder trial of Kyle Rittenhouse—the teenager who shot three people last year during a riot in Kenosha, Wisconsin, killing two and wounding the third—a question that hasn’t been asked by any pundit is whether it was just the defendant on trial, or was the real target of this trial the act of self-defense?

Rittenhouse was 17 at the time when he fatally shot Anthony Huber and Joseph Rosenbaum and wounded Gaige Grosskreutz. Two of the shootings occurred within seconds of one another and were caught on video.

Wisconsin’s use-of-force/self-defense statute says:

  •  “A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself…”
  • “A person who engages in unlawful conduct of a type likely to provoke others to attack him or her and thereby does provoke an attack is not entitled to claim the privilege of self-defense against such attack, except when the attack which ensues is of a type causing the person engaging in the unlawful conduct to reasonably believe that he or she is in imminent danger of death or great bodily harm. In such a case, the person engaging in the unlawful conduct is privileged to act in self-defense, but the person is not privileged to resort to the use of force intended or likely to cause death to the person’s assailant unless the person reasonably believes he or she has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm at the hands of his or her assailant.”

Self-defense statutes vary from state to state. What happened in Kenosha has been debated and will continue to consume considerable amounts of time and research.

Writing at the New York Post, veteran scribe Miranda Divine declares the shootings were “a clear case of self-defense.”

“He should never have been charged with murder,” Devine posits. “He was defending his life. The people who should be on trial are the cowardly adults in charge of Kenosha who allowed the town to descend into anarchy on three shocking nights in which rioters conducted the familiar campaign of violence and arson that marked the period leading up to the presidential election.”

On the other hand, writing at CNN, author and university professor Peniel E. Joseph says, “Kyle Rittenhouse, the 18-year-old on trial in Kenosha, Wisconsin, for shooting three people and killing two of them, represents the epitome of White privilege in America run amok.”  He dubs Rittenhouse a “baby-faced vigilante.”

Much has been said about the men who were shot. What must be kept in perspective is that Rittenhouse didn’t know any of this at the time he shot them. Any criminal backgrounds revealed about any of the three men should not be part of the consideration. Only what occurred in the immediate prelude, leading Rittenhouse to conclude his life was in danger, should count, and that would include threats by one of the decedents to kill the teen.

As to the shooting of Huber, he had just struck Rittenhouse with a skateboard. Like it or not, a skateboard could be a lethal weapon when used to deliver a blow to the head or neck. Immediately after delivering the blow, Huber tried to grab Rittenhouse’s rifle, and that could easily be perceived as an attempt to seize the gun and use it against him. It is how Rittenhouse perceived it, and he said so.

Grosskreutz was shot as he aimed a pistol at Rittenhouse’s head. The video shows that and Grosskreutz testified to that on the witness stand, under oath. The teen didn’t fire until the pistol was aimed at him, or at least in his direction. Prosecutor Thomas Binger grilled Rittenhouse about why he was armed that night. The same question might be asked of Grosskreutz.

In an opinion piece at Fox News, media critic Howard Kurtz observed, “Rittenhouse, now 18, is no Boy Scout. Heading to a potential riot with a large gun and defying a curfew was a dumb move, notwithstanding his protests that he was looking to provide medical assistance and protect property…But his defense, once his lawyers chose to put him on the stance, was self-defense. And his claims were plausible enough to muddy the deliberations and perhaps produce an acquittal or hung jury.”

But Kurtz’s main beef is how the media has demonized Rittenhouse to the point of convicting him of murder without the benefit of a jury verdict, and he provided ample evidence to support that perspective.

“MSNBC contributor Jason Johnson branded Rittenhouse ‘the enemy’.” Kurtz writes. “An MSNBC analyst, John Heilemann, called him ‘arguably a domestic terrorist.’ An ABC News article called him an ‘alleged white supremacist.’ On Twitter, a Daily Beast writer lumped Rittenhouse in with ‘armed militias, White power groups, Proud Boys, Boogaloo extremists,’ while calling him a ‘murderer.’”

Separate the lack of wisdom on Rittenhouse’s part for even being in the middle of a riot in the first place, from the awful moments of confrontation with people he believed were intending to or physically trying to gravely injure or kill him.

Where would any other ordinary citizen be in the same situation, faced with the same set of circumstances, knowing what he or she knew at the time? This is where the Rittenhouse trial, and potential verdict, could have a direct impact on the act of lethal self-defense anywhere in the country.

The media has frequently raised hackles over self-defense related issues, especially the passage of shall-issue concealed carry statutes, and in more recent times, the adoption of so-called “Constitutional carry” laws.

If Rittenhouse is acquitted, it should reinforce the argument that armed private citizens have the right of self-defense even to the point of taking another life.

If he is found guilty, the concern will be how the rights of every other armed citizen could be subsequently jeopardized based on what would likely become known as “the Rittenhouse rule.”

RELATED:


About Dave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.

Dave Workman

63 Comments
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
HLB

Fox News, media critic Howard Kurtz observed, “Heading to a potential riot with a large gun and defying a curfew was a dumb move”.

Well, that depends on what kind of life you want to live.

HLB

Tionico

since the “curfew violation” was dropped it was not dealt with in his trial. BUT.. he was on private property when t\his personal adventure really began, and was chased off that private property by those of ill intent and act. So no, he did NOT viilate curfew any more than if he had been standing in his own front yard and a mob chased him down the street.

Montana454Casull

Kyle is innocent and Binger is the criminal that needs prosecuted . Binger is a disgrace to the word justice . He should resign as a prosecutor permanantly . Binger is a complete fool and needs schooled about law and justice and self defence . Binger has made a fool of himself for the whole world to see !

swmft

the government has been doing dirty to support their relevance, in dc they did illegal things to incite, they dont release the video because it shows something different than the narrative

,

Wild Bill

I’m sure that you mean the deep state and intel agencies are preparing to manipulate others to riot.

DDS

Would the FBI break down any doors to retrieve your daughter’s diary?

Wild Bill

Not if they can get someone else to do the actual work while they play peacock for the cameras.

Tionico

AND made fools of the government agency that keeps him in fodder to do their bidding. SOMEONE should be looking into whose hands are on the other ends of the strings so obviously attatched to Binger.

Tionico

visible or not FBI are certainly on the scene. I’ll bet they comprot their sorry selves much like they did in the time period leading up to and on the day of six January last.

FBI presence WILL be a part of the plot. Anarchy and chaos are the ultimate goal here, and guys like Kyle challenged that ppan, THATis why he is being frog marched up the hill to his doom

American Cynic

To be more accurate, what is on trial is your right to decide when you are in danger of being seriously injured or killed. If the anti-gun folks can’t disarm you physically by taking your weapon, they will disarm you legally by redefining who gets to decide if your life was in danger (post facto). They want to void your ability to defend yourself legally if not physically. At that point you may as well not carry a weapon. The Left is clambering for equality of outcome, which also means you need to be equally vulnerable as they are. Allowing… Read more »

Finnky

DA was pushing for negligent homicide if he couldn’t get murder. Argument was that Kyle engaged in potentially lethal activity (shooting) without concern for whether or not his “victims” live or die. Seems to me he cared, but his survival was the priority rather than whether they survived suicide attempt of attacking man with an AR. Doesn’t seem like Kyle though everything through beforehand. I’d guess that he assumed carrying a rifle would make him safe – because no one would be stupid enough to attack. Wasn’t he wrong. Brings to mind suggestion to never underestimate the stupidity of groups… Read more »

Dr. Strangelove

Rittenhouse, Flynn, Stone and even George Zimmerman are warnings to us. This is what happens when you stand up to the mob or the government. (But I repeat myself.)

Wild Bill

Very true, and insightful.

Tank

100% True

Cruiser

“As the defense rested in the murder trial of Kyle Rittenhouse”
Just my two cents, but couldn’t the word murder have been dropped from that sentence? Murder is defined as an intentional act.

Last edited 2 years ago by Cruiser
Dr. Strangelove

Murder is one of the charges.

MarkE

Well, it is now something less than a “murder” trial as the prosecution is now asking that the jury be allowed to convict Rittenhouse on lesser charges than originally filed. This is almost laughable – apparently the prosecution is going down a list of chargeable offenses until they can find one that sticks. Seriously? This is hardly better than listing all the possible indictable charges on the wall and then throwing a dart at the list to pick the offense.

Tionico

Kyle is charged with certain things. The question to the jury is DID HE commit THESE SPECIFIC crimes? Or is self-defense his defense, thus he did not.

The Persecution (sic) are the ones should be on trial for falsel charging him.

Arizona Don

Hopefully the judge will not allow an addition of charges at this time. After all it should be to late to change charges.

Finnky

These are “lesser included charges”. Jury is automatically given ability to convict for same actions on a lower level than prosecutor asks for. Judge really doesn’t have a lot of leeway on most of the lesser charges.

2gats

Calling out 500 national guard troops to Kenosha yesterday was a deliberate attempt to influence the jury over the weekend.

Finnky

State court rulings have no direct bearing on other states. However if Binger pulls off any sort of win, prosecutors across the country will look to this case for how to win where they are.

Mike11C

If Binger wins, there is definitely something shady going on behind the scenes. There is NO way in hell that twelve normal people could render a guilty verdict after the testimony presented and, there is also no way that all twelve jurors are so liberally biased they would convict. The defense has done a great job proving self defense. The ONLY charge that has a shred of merit is “minor in possession of a deadly weapon” and, if I was on the jury, I wouldn’t even vote “guilty” on that due to the media’s character assassination of young Rittenhouse. I… Read more »

Tionico

The WI law under shich he is charged defines “dangrous weapon” as a class of weapons that do NOT include his AR, thus he was not in possession of a “dangerous weapon” at all, never mind his age. This SHOULD have been tossed in pretrial sessions. The judge took that under consideration but did not rule on it. FOr which I heavily fault him (and tha’ts by far the biggest fault I can lay at his feet)

Wild Bill

No possibility of jury nullification in a bench trial.

Arizona Don

The judge, in the Rittenhouse case is a no nonsense judge which they all should be. He kept order in his court room and did not allow bias into the trial. This is an open and shut case according to the video. Certainly self defense. If it actually does go to the jury I hope their verdict is fair as well. And they are not intimidated by the threats of riots and bloodshed from the left.   The people who should be on trial here are those who robbed, looted and rioted. Make no mistake those chasing Rittenhouse were out to do him considerable harm if not… Read more »

Green Mtn. Boy

Clear cut case of self defense,gharges should have never been filed thus No trial.

Tionico

He dubs Rittenhouse a “baby-faced vigilante.” If that’s how they view HIM, better never let them read the true history of the first day of our war for independence from Britain. They’d go apopleptic at the news of precisely WHO took up arms that day and stood against the Britich Regular Army, the biggest, toughest, best equipped,and most effective fighting force on the planet in that day. Men as young as fifteen and as old as eighty two were on the field that day to stnd against the tyranny of the occupational forces and their tyranny. don’t forget “the militia”… Read more »

MarkE

Keep everything the same, except for (3) specifics. First, location is Charlottesville instead of Kenosha. Second, the kid with the AR is a BLM activist who interjects himself into the protest because he believes the city needs protection against what he sees as White nationalist violence. Thirdly, he is chased by rioters screaming death threats but, in one instance, physically attacked with a tiki torch instead of a skateboard. Does anyone truly believe that the left would demand the shooter be indicted, much less convicted, for “murder”?

Cruiser

Binger is not a prosecuter, he just plays one on TV.

Ram

It seems that DA Binger seeks to win this case by force of will. . . rather than force of law, and facts, with the goal of justice. Grosskruetz’s final approach was a killing approach, and his own testimony was an admission of attempted murder. It has been stated elsewhere that Rosenbaum died true to his nature, trying to harm yet another minor. Rittenhouse tried to turn himself over to the police near the scene, and was threatened with pepper spray, and summarily ignored. Rittenhouse later turned himself in to the police in Illinois. My initial reaction was to be… Read more »

hippybiker

The only reason The6 went after the kid was because he exterminated 3 members of the “Were so persecuted Tribe!”

Wild Bill

The useful idiots always think that there will be a place in the power structure for them after the takeover. History shows that the place they get is not in the power structure.

reno

KYLE IS GOING TO BE A RICH MAN

Wild Bill

Well, his lawyers will be rich men, anyway.

Wild Bill

I’ve heard a few things.

Russn8r

Pretty big fundraising op going on. I’ve donated several times, including the last one from Sheriff Clark. What have you heard?

USMC0351Grunt

You really DO wish you could be an American citizen, don’t you?

Wass

Only in the perverted minds of congenital leftists could a case, where all the principles, who happen to be white, with German names (including the judge), stir cries of racism.

Last edited 2 years ago by Wass
USMC0351Grunt

Rosenbaum? German?

Russn8r

Yes, German Jews were German. He may be what my friend Aaron Zelman would’ve referred to as a “Bagel Jew” (nonreligious). Probably celebrated Crossover instead of Passover.

Last edited 2 years ago by Russn8r
JimmyS

“German” is an ethnic and genetic heritage. “Jew” is a distinct and separate ethnic and genetic heritage.

Stop pushing your lies around here.

KK

The democrat socialist party is sending a clear message:

THE VIOLENT MOBS-OF-THE-REVOLUTION ARE PROTECTED!

We haven’t taken your guns (yet) – but dare to use them to defend yourself against our VIOLENT MOBS, and the FULL FORCE OF THE GOVERNMENT WILL DESTROY YOU!

Ask the McCloskeys.
Ask Kyle Rittenhouse.

USMC0351Grunt

I fell prey to bullshit that claimed to be; “Investigated fact that Kyle lived in Illinois and BROUGHT the AR-15 FROM Illinois with him to Wisconsin”, which would have been an illegal gun charge involving a minor. AFTER getting more TRUTH, I quickly found that Kyle had more information about the laws than those that are prosecuting him as well as all those “professional sources” out there that end of being full of shit! The ones that SHOULD BE on trial here are the Kenosha Mayor and administration, Kenosha City Council, Kenosha County Commissioners and the Wisconsin Governor and Administration,… Read more »

Last edited 2 years ago by USMC0351Grunt
Sushihunter

To follow the trial, along with a bunch of lawyers, check out this link:

https://www.youtube.com/c/RekietaLaw/videos

Best coverage I’ve seen.

USMC0351Grunt

Is ANYBODY beside me going to mention that Kyle’s riffle lacked BUIS (Back Up Iron Sights) or a scope, preventing him from taking true aim on ANYONE or anything outside of thirty or so feet on a good day under those conditions?

Last edited 2 years ago by USMC0351Grunt
Russn8r

WFC?

Last edited 2 years ago by Russn8r
Finnky

Try looking at images of that evening again. I just did and in first image that popped up there is an obvious red dot mounted.

Harder to see his flip up iron sigh but he had them.

If he had only had iron sights, they would simply be called sights. If they are primary, then they are not back-up.

Last edited 2 years ago by Finnky
john

When you go looking for trouble you are likely to find it. The argument of self defence during the riot or protest during a pandemic all could have been avoided by Rittenhouse . At Seventeen years of age this young teen made a very bad choice which will alter his and many others lifes for years to come. Those of you who are commenting here would your teenager your child been allowed to travel to another a state while living under your roof as Rittenhouse did with a firearm with your blessings. Let’s forget politics & conspiracy theories If you… Read more »

buzzsaw

It’s about time someone brought this up. If I, at 17, had told my parents that I was going to a nearby town in a neighboring state where civil unrest was occurring to help protect property, and provide first aid. And, oh yeah, my buddy has a rifle I can use… I would have heard something along the lines of “Are you out of your mind? Hell no! You’re not going anywhere near that.” I suspect that just about all of us would have heard something similar. About the only way that I might have gone up there would have… Read more »

Last edited 2 years ago by buzzsaw
Wild Bill

Yes, If I at 18 and a day, had told my parents that I was going to join the Army they would have said the same thing and I would have missed everything that I saw and did, and have today.

Russn8r

“If I, at 17, had told my parents I was going to a neighboring town or colony to help protect property & provide first aid against the British…and, oh yeah, my buddy has a musket I can use…I would’ve heard “Are you out of your mind? Hell no! You’re not going anywhere near that.”

If parents were pussies in 1775 we’d still be a colony. Yours would’ve been Tories.

Last edited 2 years ago by Russn8r
USMC0351Grunt

Um? A LOT of the “parents” WERE pussies! THAT is why the estimated 3% is what stood against the crown!

Russn8r

If you’re saying 97% of American parents were pussies in 1775, history emphatically says otherwise. In any case, if 100% were pussies, there’d be no USA.

The 3% figure is BS. More like a quarter million fought at various times in the Revolutionary War, and there was overwhelming public support. Royalists were only about 20%, and they had to lay low. Try 9% of the entire population fought in the Continental Army or Militias, say ~25% of capable males of fighting age.

Last edited 2 years ago by Russn8r
Wild Bill

Looking for trouble? Who was looking for trouble? Do you have evidence that someone was looking for trouble?
Something else common to heros won the day for Rittenhouse. That is why they are trying so hard to destroy him.
I pray God that millions more Americans get what Rittenhouse has and share it commonly.

Arizona

John, you are fundamentally wrong on so many levels. And you are what is wrong in this country. You suggest everyone should just let the rioters burn and loot, and no one should defend homes and businesses, put out fires, offer medical aid, counter their false claims, etc. You also claim he went looking for trouble, which is false, and claim he therefore got what he deserved, which is false. Even if he intended to go just to yell at rioters a out how wrong they were, he would still retain the right to defend himself. Each shooting of an… Read more »

Arizona

Thanks

Stag

We get it. You care more about looters, arsonists, child molesters, rapists, and wife beaters than you do about a kid defending himself in a public place where he had every right to be.

Finnky

My children do not have a second home in another state. Kyle’s father and job were both in Kenosha, thus it was one of his home towns. We do not know how much of his life was there, some kids spend more time with the noncustodial parent than they do at official residence. I’d guess that’s not the case here – but that would be pure speculation. As to letting my kids cross state lines with a firearm (1) nearest state line is hours away, his drive was like my drive to Whole Foods. (2) as for bringing a firearm,… Read more »

Finnky

As your statement that it could all have been avoided if Kyle had not been there – Rosenbaum was looking for a fight and would eventually have found someone else alone. Your statements are victim blaming. In case of the El Paso Walmart shooting, many of the victims had come from Mexico. At that time did you blame them for crossing international borders looking for trouble? After all if they had not been there, they would not have been shot. Heck if Walmart has just been closed, no one would have been shot. Should Kyle have been there? No –… Read more »

Russn8r

Andrew Sullivan: Media distortion “excluded the possibility that Rittenhouse was a naïve, dangerous fool.”

That Andy’s too big a puss to do the right thing, ashamed to admit Kyle stood up when pussies like Sullivan & the police put paycheck over honor & watched a mob burn & loot the dreams of innocents, doesn’t mean Kyle’s a naïve, dangerous fool. It means he should get the Congressional Medal of Honor and the Presidential Medal of Freedom.

“I’m not defending Rittenhouse.” -Andrew Sullivan

Well, he should.

Last edited 2 years ago by Russn8r
Finnky

I’m not defending Rittenhouse. I’m defending fundamental human rights for all of us.

Russn8r

Why not defend both? Kyle put his life on the line when The Blue put paycheck over honor. God bless him. He should get a medal.

Last edited 2 years ago by Russn8r