A juror in Kyle Rittenhouse’s murder trial was dismissed Thursday after he made an inappropriate joke about the police shooting of Jacob Blake Jr., an incident triggering multiple days of unrest in the small Wisconsin city where Rittenhouse faces life in prison for fatally shooting two people and injuring a third.
Kenosha County Circuit Judge Bruce Schroeder said a sheriff’s deputy reported the incident earlier this week, and prosecutor Thomas Binger argued the joke showed racial bias.
Blake, who is black, was shot seven times in the back by a white police officer at close range in front of his children, and he remains partially paralyzed.
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The incident was caught on video, went viral, and brought hundreds to Kenosha to protest police brutality. The protests started peacefully but quickly led to violent clashes that ended in two deaths, several injuries, and $50 million in damages.
The juror who made the off-color joke refused to repeat it when Schroeder called him into the courtroom.
“I’m going to summarize what I remember, what I was told,” Schroeder said. “He made a reference about telling a joke about, ‘Why did it take seven shots to shoot Jacob Blake?’ Something to that effect.”
Schroeder ruled it was “clear that the appearance of bias is present and it would seriously undermine the outcome of the case,” dismissing the juror who was described as a middle-aged white man on a motorized scooter. Rittenhouse is on trial for fatally shooting Joseph Rosenbaum, 36, and Anthony Huber, 26. He also shot and wounded Gaige Grosskreutz, 27.
Rittenhouse, 18, 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.
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His case has become a political and social lightning rod, pitting armed citizens against demonstrators who demanded accountability following a rash of police shootings across the country.
Twenty jurors were seated for Rittenhouse’s trial this week, though the number now sits at 19 and includes 11 women and eight men. Of those, 12 will decide a verdict.
Rittenhouse claims he and his friend Dominick Black went to Kenosha to protect a car dealership from vandals. He said he shot Rosenbaum, Huber, and Grosskreutz in self-defense.
Prosecutors say Rittenhouse is a trigger-happy tourist who purposely inserted himself into the chaos.
Daily Caller journalist Richard McGinnis, who recorded footage of the Kenosha riots and was one of the first people to render first aid to Rosenbaum, took the stand Thursday. He testified he was 15 feet behind Rosenbaum when shots rang out and that he initially thought he might have been hit himself.
McGinnis, the chief video director at the conservative media outlet, said he has covered protests in Portland, Washington, D.C., and New York City, where he has documented violence. He also testified he routinely offers people cigarettes and cans of White Claw hard seltzer at protests to gain their trust and help tone down escalating tensions.
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Kenosha Police Detective Martin Howard was also called to the stand. Martin testified Rosenbaum, who was unarmed, threw a plastic bag at Rittenhouse before being shot multiple times.
On Wednesday, prosecutors introduced new FBI infrared aerial surveillance video that showed the final moments of Rosenbaum’s life.
The grainy footage, taken from 8,500 feet above, shows Rittenhouse running along a sidewalk and initially passing Rosenbaum. The video then shows an altercation between the two. Rosenbaum is seen running toward Rittenhouse, who is armed with a rifle. Rittenhouse starts to run away but stops, turns, and fatally fires his weapon at Rosenbaum four times.
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The video is one of about a dozen prosecutors played in court that tried to stitch together what took place before, during, and after the deadly incident.
The trial is expected to last two to three weeks.
