Felony Charges Dropped in Dominick Black Plea Agreement, Judge Agrees

Dominick Black at Kyle Rittenhouse Trial

U.S.A.-(AmmoLand.com)-— Dominick Black is the young man who purchased the rifle used by Kyle Rittenhouse in his self-defense shooting on August 25 in Kenosha, Wisconsin.

Rittenhouse killed two people in self-defense and wounded a third. A jury in a nationally publicized trial found Rittenhouse NOT GUILTY of all charges. Because the killings took place during the riots in Kenosha, Wisconsin, and multiple devices were capturing video, nearly all of the events were on video and viewed by the Jury.

Rittenhouse was charged with illegal possession of a dangerous weapon by a person under the age of 18 very quickly. That charge was eventually dismissed by the judge because the rifle Rittenhouse carried did not qualify as a dangerous weapon under longstanding Wisconsin law.

As the rifle carried by Kyle Rittenhouse was not found to be a dangerous weapon under Wisconsin law, Dominick Black could not be found guilty of supplying a dangerous weapon to a person under the age of 18, where the discharge of the weapon resulted in someone’s death. Two counts of this charge were filed by ADA Binger.

Judge Bruce Schroeder is the judge who presided over both cases. It was highly unlikely Judge Schroeder would rule against himself.

Prosecutor’s table, Kraus left, Binger with glasses, right, screengrab 2021 Rittenhouse trial.

The lead prosecutor in the case, Assistant District Attorney T. Claire Binger, was harshly criticized for his role in the case. Binger was believed to take the case for ideological purposes. He has been criticized for being “personally involved” in the case.

In negotiations between Black’s attorney and Binger, Binger worked to salvage something for his reputation. He offered a fine of $2000 for a plea of no contest to a civil charge of “contributing to the delinquency of a child”. The charge does not carry any criminal penalty.

Binger backed the carrot of a relatively minor, non-criminal fine, with the threat of significant lawyers fees during an appeal, if Judge Schroeder simply dismissed the now untenable weapons charges. From 41nbc.com:

Binger told Schroeder on Monday that he anticipated the judge would have dismissed the felony counts against Black based on that decision. He also told Schroeder that he didn’t agree with his interpretation of state law and suggested the district attorney’s office might appeal that ruling.

While the prosecutor’s office would almost certainly lose the appeal, it would cost Binger nothing, and the Black family considerably more than $2,000, to fight it. There is always the possibility a politically oriented appeals panel might find in Binger’s favor.

ADA Binger has been reliably hard-core against the right to keep and bear arms in Wisconsin.

In 2016, Wisconsin Carry helped defend Guy A. Smith in a case involving the Wisconsin Constitutional Amendment to keep and bear arms. The Amendment was passed in 1998 and is very clear. It passed with 74% of the vote. From Article I Section 25:

 The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

Smith and his attorney insisted on a jury trial. The Wisconsin statute in question says:

 ” … no person may place, possess, or transport a firearm, bow, or crossbow in or on a vehicle, unless one of the following applies: 1. The firearm is unloaded or is a handgun.”

The firearm in this case was a handgun. Binger used a very similar argument to what he used in the Rittenhouse case. From jsonline.com:

The defense position “would suggest anyone without a permit can drive around with a loaded weapon in the vehicle,” Binger said. “I decline to read the statute so broadly.” He said Wisconsin’s concealed carry law, Act 35, would have no meaning.

“No meaning in cars,” Circuit Judge Bruce Schroeder clarified.

Yes, it was the same Judge Bruce Schroeder in the 2016 case as presided over the Rittenhouse trial and the Black plea agreement.

In the handgun in a car-case, Prosecutor Binger waited until the last possible moment before the trial began, costing the defense the maximum amount of money. On August 28, just as jury selection began, T. Claire Binger asked the case be dismissed and the defendant be acquitted. The case was dismissed, and no precedent was to be set.

It became clear, however, that T. Claire Binger was unwilling to accept that Wisconsin residents have a right to keep and bear arms. It is the default position of Progressives everywhere,  not just in Wisconsin.

Judge Schroeder reduced the fine to $1,500 and court costs, which brought it back to about $2,000.

Judge Schroeder then signed off on the plea deal for Dominick Black. No criminal record, and a fine equivalent to about 8 hours of attorney fees.

There would be no appeal of the dismissal of felony charges.


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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Vinnie

I’m still waiting for hte criminal case of the felon in possession of a gun on the dude who got half his arm removed.

Russn8r

I suspect you shouldn’t hold your breath.

Dr. Strangelove

Wow. The gungrabbers just won’t let go of this case. We need to have more resolution in the face of this tyranny.

Deplorable Bill

This prosecutor has to go. He has a record of prosecuting because of his ideals and not through the actual, written, law. Can the prosecutor be prosecuted? If not, why not? He has displayed a habit of using threat under color of law and fear of bankruptcy as weapons against Rittenhouse and Black. Have there been any other victims? Seems likely enough to at least check on. ADA Binger is corrupt. I do remember seeing the judge lite him up several times during the Rittenhouse trial, I wonder if he did the same during the Black trial. How is ANYONE… Read more »

Wildman

Justice may be blind but it seems she can be very expensive…

Bill

Justice in America, alas. They take away your rights or charge you with crimes at the stroke of a pen, and you give dearly of your time and resources to ever get things right again, if that even succeeds. Sure, why even notice that the guy was extorted for $2,000, just for fun, considering how cheap that is compared to the cost of getting justice?

Dubi Loo

Claire Binger perpetuates citizen abuse, persecution instead of prosecution. Show me the man and I’ll find a crime…..

Grim

Binger also perpetuates the image of a slimy lawyer!

Grim

A little tar and feathers would go a long way with Binger.

Batch

If you think he’s bad, you should read the story that appeared earlier this week about the DA in Bend, OR. The DA literally making up charges, and publicly asking activists to scour social media so he can make up more.

https://www.ammoland.com/2022/01/oregon-leftists-think-barry-washington-shooting-video-racist/

Deplorable Bill

I expect that someday, someone will remember that due process can, from time to time, be a bullet.

Arm up and carry on

Laddyboy

When “lawyers” PLAY this DIRTY MONEY GRUBBING TRICK on a JUDGED INNOCENT American Citizen, The ENTIRE %BILL$ MUST be paid by the PRESSING “lawyer” for WASTING the Courts’ time. Mr. Black should NOT be required to pay ONE-RED-CENT!

masterlifter

Exactly…..The defendent should actually be re-imbursed for their “Time and Treasure” lost due to the prosecutors malevolent prosecution. That would slow down these activist civil servants.

Cruiser

“Liberty and justice for all”
Another win via the Constitution.

nrringlee

Dean, thank you for clarifying what was a really twisted piece of magical thinking on the part of this rogue prosecutor. But here is the rub. Rogue prosecutors can ruin someone who is totally innocent simply by stacking up charges and ringing up defense costs. That is exactly the case here. Our jails and prisons are full of people who simply plea out because their resources for defense simply fail. That is not a justice system. it is an incarceration system. A machine. A self feeding, self maintaining machine.

Bigfootbob

You are right. There’s an evil cabal led by George Soros, of course, but there are others directly involved too. Hansjorg Wyss a Swiss billionaire living in Wyoming, and the Iranian billionaire who is best friends with Obama and Valerie Jarrett, whose name escapes me, and Mikey Bloomberg who fund the anti-police prosecutors. They have been very successful and we need to figure out a way to defeat these commies.
https://www.dailymail.co.uk/news/article-10271987/How-billionaire-George-Soros-bankrolled-DAs-Democrat-cities-HIGHEST-crime-rates.html

Patriot Solutions

It’s led by people much higher than Soros, he is just a puppet. “Look what’s on the back of the U.S. dollar; the pyramid, complete with the all-seeing eye.”   “ANNUIT COEPTIS NOVUS ORDO SECLORUM” is Latin and translates to “A Plot to Undertake by oath, A NEW WORLD ORDER.” Complete with the ALL-SEEING-EYE symbol, which is very common in freemasonry symbolism”  https://steverotter.com/freemasons-and-the-illuminati-control-the-world/ https://steverotter.com/what-is-the-deep-state-and-illuminati/ Gotta look behind the curtain to know what’s really going on or just believe whatever they tell you to be the truth like a good sheep but be warned, they lie. It’s why the truth… Read more »

Last edited 13 days ago by Patriot Solutions
Wild Bill

Dominic Barton of McKinsey and Co, who developed and sold to American companies, the “move the factories to China but stay in the American market” strategy, that is weakening America today.

Bigfootbob

I remembered the Iranian billionaire mentioned above, it’s Pierre Omidyar.  This is a young George Soros or Peter Lewis. He founded eBay, another place we should not patronize, and is a big funder of homosexual special rights. His mother is a former Berkeley professor and now runs one of his political action committees. https://www.influencewatch.org/person/pierre-omidyar/ This trio of anti-American activists need to be outed as the evil people they are. They write the checks for the basement dwelling leftard keyboard cowboys that cause the uniformed like the owners of the Riverside Hotel detailed here https://www.ammoland.com/2022/01/id-boise-cancel-culture-hysteria-george-zimmerman-lethal-force-gun-law-conference/?ct=t(RSS_EMAIL_CAMPAIGN)#axzz7I2fWdYRX, to believe lies and commit stupid… Read more »

Bubba

They need to hang in the streets. That is the only way to beat them. They are traitors to the Republic. They are criminals way worse then the gangbangers of Chicago.
I’ll release the rope if that helps speed up the process.

Green Mtn. Boy

Any & all charges should have been dismissed and the prosecutor should be charged with malicious prosecution and then disbared.

Nurph

True, but he’ll meet someone one day he can’t weasel away from & hide behind his “lawyerness”. Hell get his.

Tionico

Yup. Somehow jusstice WILL out. This guy is long overdue. I had no idea of his long standing track record. I thought he was put up to his shenannigans by some “higher power” which “owns’ him in the Kyle case. He will play dirtbag on the wrong guy with “gennegshins” of which Binger is unaware. . Binger will not have a gun on him as he seems to hate them. He may go down whining and whimpering and screaming, but down he will go. The laws on lawyer/court fees must be changed. If a given suspect is not convicted of… Read more »

Bubba

From your mouth to Gods ears.

Terry

“the prosecutor should be charged with malicious prosecution and then disbarred.”

Right before he is hanged on the courthouse square.

Last edited 13 days ago by Terry