Prosecutors in the Kyle Rittenhouse trial rested their case Tuesday following a week of testimony that at times appeared to hurt them more than help.
Much of the explosive testimony came on Monday when Gaige Grosskreutz, the only person to survive being shot by Rittenhouse, lent support to the defense’s central claim that Rittenhouse acted in self-defense on Aug. 25, 2020. That night, Rittenhouse shot and wounded Grosskreutz in the arm minutes after fatally shooting Joseph Rosenbaum, 36, and Anthony Huber, 26.
Grosskreutz, a trained EMT who traveled to Kenosha on his own behalf to render medical aid to protesters, testified Monday as the state’s star witness.
However, his testimony underscored the uphill battle prosecutors have faced trying to prove Rittenhouse was a trigger-happy tourist who purposely inserted himself into the chaos unfolding in Kenosha.
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Hundreds of protesters showed up to the small Wisconsin manufacturing town after footage went viral of white police officer Rusten Sheskey shooting Jacob Blake Jr., a black man, seven times in the back. The shooting left Blake paralyzed from the waist down.
In Kenosha, the protests against police brutality began peacefully but quickly devolved into something more sinister and ended in two deaths, several injuries, and $150 million in damages.
Rittenhouse’s lawyers have argued the then-17-year-old youth cadet fired in self-defense during the third night of demonstrations. They claim Rosenbaum, who was off his bipolar medication, lunged in Rittenhouse’s direction and reached for his weapon. Rittenhouse shot him four times. Video footage then shows Rittenhouse running down the street. He also shot Huber, who hit him with a skateboard, and then turned his gun on Grosskreutz, who Rittenhouse feared would have opened fire if he hadn’t shot him first.
Grosskreutz testified he feared for his life and thought Rittenhouse was “an active shooter.”
But it was under cross-examination when Grosskreutz seemed to indicate his role wasn’t as cut and dry as previously believed.
Like Rittenhouse. Grosskreutz was armed. The defense asked him why he lied to detectives and told them his Glock fell out of his holster rather than admitting he pulled it out himself, as various videos from that night showed.
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Grosskreutz also looked at pictures of himself pointing his gun at Rittenhouse.
Defense lawyer Corey Chirafisi asked him to confirm that when he stood “3 to 5 feet from (Rittenhouse) with your arms up in the air, he never fired, right?”
“Correct,” Grosskreutz said.
“It wasn’t until you pointed your gun at him, advanced on him with your gun — now your hands down, pointed at him — that he fired, right?” Chirafisi pressed.
“Correct,” Grosskreutz answered.
Grosskreutz also admitted he did not have a valid permit for the pistol he was carrying.
Nearly two dozen witnesses took the stand over the past five days with varying encounters of what happened that night.
Richard McGinniss, a videographer from The Daily Caller, told the jury he thought his life was at risk and was initially worried he was also shot by Rittenhouse. His testimony of the chaotic scene seemed to support claims of reckless endangerment.
McGinnis also testified he tried to save Rosenbaum’s life, applying pressure to his wounds and taking him to the hospital. McGinnis told jurors he tried to reassure Rosenbaum that things would be OK during the last moments of his life.
On Tuesday, prosecutors called their final witness, Dr. Doug Kelley, a forensic pathologist with the Milwaukee County Medical Examiner.
Kelley testified it was unclear from video footage whether Rosenbaum was grabbing for Rittenhouse’s gun, like the defense claims, or whether he was trying to swat it away.
Kelley said Rosenbaum was shot four times by someone within 4 feet of him. Rosenbaum was first hit in the groin, then in the hand, then the thigh as he faced Rittenhouse. The fourth bullet hit Rosenbaum in the head and the back. The last two shots were taken at a downward angle, Kelley testified. Prosecutors claimed this shows Rosenbaum was falling forward, while the defense says it shows Rosenbaum was lunging for Rittenhouse’s gun.
When it was their turn, the defense called Nicholas Smith, a Kenosha resident who said he went to the protests at the request of car dealership owners to protect the building from unruly vandals.
Smith, who saw Rittenhouse right after the shootings, described him as “sweating and pale” and told the jury Rittenhouse kept repeating that he shot someone.
Prosecutor Thomas Binger asked Smith if he felt it was necessary to use a gun on Aug. 25. Smith replied no.
Rittenhouse is expected to testify in his defense. His testimony will provide jurors with insight into his state of mind and what exactly led him to open fire in Kenosha.
Judge Bruce Schroeder earlier Tuesday granted a defense motion to dismiss a curfew citation charge against Rittenhouse, agreeing with defense attorneys that prosecutors failed to present evidence a curfew was in place.
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Before the day’s testimony began, Schroeder said court officers saw a person take cellphone video of the jurors getting on a bus. The officers obtained the phone and erased the footage. Schroeder said new procedures would be instituted to prevent a similar situation.
