The judge presiding over the homicide trial for Kyle Rittenhouse motioned to dismiss the sixth count against the defendant Monday, which was a misdemeanor for possession of a dangerous weapon under the age of 18.
The move comes after Kenosha County Circuit Judge Bruce Schroeder signaled on Friday he would inform the jury about a narrow exemption to Wisconsin’s gun law following a third major attempt by Rittenhouse’s attorneys to dismiss the misdemeanor charge.
“Six is dismissed,” Schroeder said Monday.
“If the barrel length is less than 16 inches or an overall length less than 26 inches, then I’ll deny either motion. If it does not meet those specifications, then this defense motion will be granted,” Schroeder said just before his decision. Rittenhouse’s AR-style weapon is classified as a rifle and does not fall into either category, according to law enforcement detective testimony the defense possesses.
The charge was punishable by up to nine months in prison and a $10,000 fine. Rittenhouse, now 18, still faces five charges, including first-degree intentional homicide, attempted first-degree intentional homicide, first-degree reckless homicide, and reckless endangering. The defendant has pleaded not guilty to all charges and claimed self-defense.
RITTENHOUSE JUDGE SIGNALS HE MAY ‘INFORM THE JURY’ OF NARROW GUN LAW EXEMPTIONS
On Aug. 25, 2020, then-17-year-old Rittenhouse crossed the border into neighboring Wisconsin, where his father and grandmother lived. He testified he left his home in Antioch, Illinois, and went to Kenosha with his friend Dominic Black to protect a car dealership and offer medical aid in preparation for a night of unrest due to protests. Rittenhouse is accused of killing Joseph Rosenbaum, 36, and Anthony Huber, 26, and grievously injuring Gaige Grosskreutz after shooting him in the arm. All four men are white.
Defense attorney Corey Chirafisi cited Wisconsin Statute 948.60 on Friday, claiming his client was not subject to the law due to a narrow exemption. The statute’s second section (2)(a) states: “Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.” A third section under the law lists exemptions. That section states it applies only to a person under 18 years of age carrying a gun who is in “violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593.”
Following Chirafisi’s Friday petition, which marks his team’s third attempt to acquit Rittenhouse of the misdemeanor charge, Schroeder appeared more convinced to allow the charge to be dropped despite the prosecution saying, “Simply because he’s 17 does not automatically negate (2)(a),” District Attorney James Kraus argued Friday.
Schroeder dropped another minor misdemeanor charge, a curfew violation citation against Rittenhouse, on Tuesday after the judge ruled the state failed to provide evidence of the order. It was the least serious of all the charges.
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The jury on Monday will decide the fate of Rittenhouse, who faces charges with penalties that could amount to life in prison. Schroeder will later reduce the number of jurors from 18 to 12 by drawing names out of a tumbler in much the same way lottery numbers are chosen.
