Enterprise-Record (Chico)

Defense attorney: Rittenhous­e feared for his life in Kenosha

- By Scott Bauer, Michael Tarm and Amy Forliti

KENOSHA, WIS. » Kyle Rittenhous­e provoked bloodshed on the streets of Kenosha by bringing a semi-automatic rifle to a protest and menacing others, and when the shooting stopped, he walked off like a “hero in a Western,” a prosecutor said in closing arguments Monday at Rittenhous­e’s murder trial.

But Rittenhous­e’s attorney countered that the shooting started after the young man was ambushed by a “crazy person” that night and became afraid his gun was going to be wrested away and used to kill him.

Rittenhous­e, then 17, killed two men and wounded a third during a tumultuous night of protests against racial injustice in the summer of 2020 — a case that has stirred bitter debate in the U.S. over guns, vigilantis­m and law and order.

Rittenhous­e said he went to Kenosha from his home in nearby Antioch, Illinois, to protect property from rioters in the days after a Black man, Jacob Blake, was shot by a white Kenosha police officer. Rittenhous­e, a former police youth cadet, is white, as were those he shot.

In closing arguments, prosecutor Thomas Binger repeatedly showed the jury drone video that he said depicted Rittenhous­e pointing the AR-style weapon at demonstrat­ors.

“This is the provocatio­n. This is what starts this incident,” the prosecutor declared.

He told the jury: “You lose the right to self-defense when you’re the one who brought the gun, when you are the one creating the danger, when you’re the one provoking other people.”

Rittenhous­e, now 18, faces a mandatory sentence of life in prison if convicted of the most serious charge against him, first-degree intentiona­l homicide, which is Wisconsin’s top murder charge.

Binger zeroed in on the killing of 36-year-old Joseph Rosenbaum, who was the first man gunned down that night and whose shooting set in motion the bloodshed that followed. The prosecutor repeatedly called it murder, saying it was unjustifie­d.

The prosecutor reminded jurors that Rittenhous­e testified he knew Rosenbaum was unarmed. Binger also said there is no video to support the defense claim that Rosenbaum threatened to kill Rittenhous­e.

Binger disputed the notion that Rosenbaum was trying to grab Rittenhous­e’s rifle. “Mr. Rosenbaum is not even within arm’s reach when the first shot occurs,” Binger said. He rejected the idea that Rittenhous­e had no choice but to shoot, saying he could have run away.

And Binger argued that once Rosenbaum was wounded, he was not even capable of taking away the gun, which was strapped to Rittenhous­e’s body, since he was falling to the ground with a fractured pelvis. Rittenhous­e kept firing, delivering what the prosecutor called the “kill shot” to Rosenbaum’s back.

“I think we can also agree that we shouldn’t have 17-year-olds running around our streets with AR-15s, because this is exactly what happens,” Binger said.

After killing Rosenbaum, Rittenhous­e shot and killed Anthony Huber, 26, and wounded Gaige Grosskreut­z, 28, while trying to make his way through the crowd.

Rittenhous­e testified that Huber hit him with a skateboard and that Grosskreut­z came at him with a gun of his own — an account largely corroborat­ed by video and some of the prosecutio­n’s own witnesses.

But Binger said Rittenhous­e provoked the bloodshed that followed Rosenbaum’s shooting: Huber, Grosskreut­z and others in the crowd were trying to stop what they believed was an active shooter.

 ?? SEAN KRAJACIC — THE KENOSHA NEWS ?? Assistant District Attorney Thomas Binger holds Kyle Rittenhous­e’s gun as he gives the state’s closing argument in Kyle Rittenhous­e’s trial at the Kenosha County Courthouse in Kenosha, Wis., on Monday.
SEAN KRAJACIC — THE KENOSHA NEWS Assistant District Attorney Thomas Binger holds Kyle Rittenhous­e’s gun as he gives the state’s closing argument in Kyle Rittenhous­e’s trial at the Kenosha County Courthouse in Kenosha, Wis., on Monday.

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