Details revealed in the State vs. Kyle Rittenhouse criminal complaint



Gabriel Malor highlighted the release of this criminal complaint on Twitter. Here’s Gabe’s summary of the charges against Kyle Rittenhouse. If the names aren’t immediately familiar, I’ll explain in more detail below.

Rittenhouse is the 17-year-old with the AR-15. Joseph Rosenbaum is the agitated guy who was chasing Rittenhouse and became the first person shot that night. There are two videos of this shooting circulating but both were taken from a distance and it was hard to see what actually happened. But according to Richard McGinnis who was there that night as a reporter for the Daily Caller, this is what happened:

Detective Cepress interviewed McGinnis and indicates the following: Before the shooting, McGinnis was interviewing the defendant. The defendant told McGinnis that he was a trained medic. McGinnis stated that he (McGinnis) has handled many ARs and that the defendant was not handling the weapon very well. McGinnis said that as they were walking south another armed male who appeared to be in his 30s joined them and said he was there to protect the defendant. McGinnis stated that before the defendant reached the parking lot and ran across it, the defendant had moved from the middle of Sheridan Road to the sidewalk and that is when McGinnis saw a male (Rosenbaum) initially try to engage the defendant. McGinnis stated that as the defendant was walking Rosenbaum was trying to get closer to the defendant. When Rosenbaum advanced, the defendant did a “juke” move and started running. McGinnis stated that there were other people that were moving very quickly. McGinnis stated that they were moving towards the defendant. McGinnis said that according to what he saw the defendant was trying to evade these individuals.

McGinnis described the point where the defendant had reached the car. McGinnis described that the defendant had the gun in a low ready position. Meaning that he had the gun raised but pointed downward. The butt of the gun would have been at an angle downwards from the shoulder. McGinnis stated that the defendant brought the gun up. McGinnis stated that he stepped back and he thinks the defendant fired 3 rounds in rapid succession. McGinnis said when the first round went off, he thought it hit the pavement. McGinnis felt something on his leg and his first thought was wondering whether he had gotten shot. McGinnis was behind and slightly to the right of Rosenbaum, in the line of fire, when the defendant shot.

McGinnis stated that the first round went into the ground and when the second shot went off, the defendant actually had the gun aimed at Rosenbaum. McGinnis stated he did not hear the two exchange any words. McGinnis said that the unarmed guy (Rosenbaum) was trying to get the defendant’s gun. McGinnis demonstrated by extending both of his hands in a quick grabbing motion and did that as a visual on how Rosenbaum tried to reach for the defendant’s gun. Detective Cepress indicates that he asked McGinnis if Rosenbaum had his hands on the gun when the defendant shot. McGinnis said that he definitely made a motion that he was trying to grab the barrel of the gun. McGinnis stated that the defendant pulled it away and then raised it. McGinnis
stated that right as they came together, the defendant fired. McGinnis said that when Rosenbaum was shot, he had leaned in (towards the defendant).

So Rittenhouse was running from Rosenbaum and possibly others and when Rosenbaum finally caught up to him he tried to grab the gun. That’s when Rittenhouse shot him and endangered McGinnis who was in the line of fire.

The video of the subsequent shootings is much more clear but here’s the description from the complaint.

On the video a male can be heard saying something to the effect of, “What’d he do?” Another male can be heard responding something to the effect of, “Just shot someone.” Then a male can be heard yelling, “Get his ass!” The defendant then trips and falls to the ground.

As the defendant is on the ground, an unidentified male wearing a dark-colored top and light-colored pants jumps at and over the defendant. Based on the sounds of gunshots on the video and the positioning of the defendant’s gun, it appears that he fires two shots in quick succession at this person. It appears that that person was not hit as he then runs away from the defendant. A second person who was later identified as Anthony Huber approaches the defendant who is still on the ground, on his back. Huber has a skateboard in his right hand. When Huber reaches the defendant it appears that he is reaching for the defendant’s gun with his left hand as the skateboard makes contact with the defendant’s left shoulder. Huber appears to be trying to pull the gun away from the defendant. The defendant rolls towards his left side and as Huber appears to be trying to grab the gun the gun is pointed at Huber’s body. The defendant then fires one
round which can be heard on the video. Huber staggers away, taking several steps, then collapses to the ground. Huber subsequently died from this gunshot wound.

A moment later, Rittenhouse shot Gaige Grosskreutz:

After shooting Huber, the defendant moves to a seated position and points his gun at a third male, later identified as Gaige Grosskreutz, who had begun to approach the defendant. When the defendant shot Huber, Grosskreutz freezes and ducks and takes a step back. Grosskreutz puts his hands in the air. Grosskreutz then moves towards the defendant who aims his gun at Grosskreutz and shoots him, firing 1 shot. Grosskreutz was shot in the right arm. Grosskreutz appears to be holding a handgun in his right hand when he was shot. Grosskreutz then runs southbound away from the defendant screaming for a medic and the defendant gets up and starts walking northbound. The defendant turns around facing southbound while walking backwards northbound with his firearm in a ready position, pointed towards the people in the roadway.

Obviously this is a criminal complaint so we’re not really hearing anything in the way of a defense. Grosskreutz did put his hands in the air but he clearly had a gun in his right hand at the time. The video shows as long as his hands were up Grosskreutz didn’t shoot. It was only when he lunged forward (maybe reaching for the gun, maybe something else) that Rittenhouse fired and shot him in the arm.

Finally, the complaint details the injures of both Rosenbaum and Huber. Rosenbaum has been described by many as shot in the head but it sounds like that was the least serious wound he sustained.

Dr. Kelley of the Milwaukee Medical Examiner’s Office conducted an autopsy on Joseph Rosenbaum. Dr. Kelley indicated that Rosenbaum had a gunshot wound to the right groin which fractured his pelvis, a gunshot wound to the back which perforated his right lung and liver, a gunshot wound to the left hand, a superficial gunshot wound to his lateral left thigh, and a graze gunshot wound to the right side of his forehead.

Huber was shot once and the bullet perforated his heart and aorta.





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