Kenosha shooting victim was acting ‘belligerently,’ witness claims

Kenosha Protests Shootings
November 5, 2021, Kenosha, Wisconsin, USA: KYLE RITTENHOUSE Kyle Rittenhouse sits as defense attorneys Natalie Wisco and Corey Chirafisi look at exhibits before court with Assistant District Attorney James Kraus, before Rittenhouse’s trial at the Kenosha County Courthouse in Kenosha, Wis., on Friday, Nov. 5, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (Mark Hertzberg /Pool Photo via AP)

The first man Kyle Rittenhouse shot and killed during a night of violent confrontations in Kenosha last year was acting “belligerently” but did not pose a serious threat, a former Marine testified Friday at Rittenhouse’s murder trial.

Like Rittenhouse, Jason Lackowski showed up to the small Wisconsin city armed and ready to help protect property from vandals. Lackowski was carrying an AR-15 semi-automatic rifle when he came in contact with Joseph Rosenbaum, one of the two men Rittenhouse fatally shot.

Lackowski testified that Rosenbaum “asked very bluntly to shoot him” and took a few “false steppings … to entice someone to do something” but added that he viewed Rosenbaum more as a “babbling idiot” than a threat and ignored him.

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Lackowski, who referred to “areas of occupation” in Kenosha and his “post” in the parking lot, said he relied on his military background to keep him safe that night.

“You shout, you shove, you show your firearm, and you shoot,” he said.

His testimony showed the contrast between an experienced military veteran’s view of Rosenbaum and Rittenhouse’s, 17 at the time and unable to legally purchase the AR-style rifle he was carrying, who perceived Rosenbaum as a threat.

Rittenhouse, now 18, is on trial for killing Rosenbaum, 36, and Anthony Huber, 26. He also shot and wounded Gaige Grosskreutz, 27.

The one-time youth cadet and YMCA lifeguard faces multiple charges, including two counts of first-degree homicide, attempted homicide, reckless endangerment, and a curfew violation. He has pleaded not guilty. If convicted of first-degree homicide, he could spend the rest of his life behind bars.

Hundreds of protesters showed up in Kenosha on Aug. 23, 2020, after footage went viral of a white Kenosha police officer shooting Jacob Blake Jr., a black man, seven times in the back. Blake is now partially paralyzed.

Jacob Blake Jr
Jacob Blake Jr. listens to a speech during a Get Out The Vote rally in Chicago, Thursday, Oct. 29, 2020. The families of Breonna Taylor, George Floyd, Alvin Cole and Jacob Blake encouraged residents to vote. (AP Photo/Nam Y. Huh)

The Kenosha protests started peacefully but quickly led to violent clashes that resulted in two deaths, several injuries, and $50 million in damages.

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Prosecutors have worked to paint Rittenhouse as a “tourist” who intentionally inserted himself into the chaos. The defense will argue that the Illinois teenager was afraid for his life and acted in self-defense.

Amber Rasmussen, a DNA analyst for the state crime lab, testified Friday that she tested the barrel guard from Rittenhouse’s rifle and did not find DNA from either of the men shot, though she admitted during cross-examination that it didn’t mean neither of the men touched the gun.

Prosecutors on Friday afternoon also called Huber’s great aunt to the stand.

Friday morning, Kenosha County Circuit Judge Bruce Schroeder dismissed a pregnant juror who said she wasn’t feeling well. A day earlier, he dismissed a male juror for making a tasteless joke about Blake’s shooting.

Kenosha Protests Shootings
Judge Bruce Schroeder, top center, speaks to Assistant District Attorney Thomas Binger, left, and Corey Chirafisi, an attorney for Kyle Rittenhouse, during the jury selection process.

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Twenty jurors were seated for the trial at the beginning of the week, though the number now sits at 18 and includes 10 women and eight men. Of those, 12 will decide on a verdict.

Schroeder said he expected the trial to last two to three weeks.

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