Marin Independent Journal

Victim says he was pointing his gun at Rittenhous­e

- By Michael Tarm, Scott Bauer and Amy Forliti

KENOSHA, WIS. A protester and volunteer medic wounded on the streets of Kenosha by Kyle Rittenhous­e testified Monday that he was pointing his own gun toward the rifletotin­g Rittenhous­e — unintentio­nally, he said — when the young man shot him.

Gaige Grosskreut­z, the third and final man gunned down by Rittenhous­e during a night of turbulent racial-justice protests in the summer of 2020, took the stand at Rittenhous­e’s murder trial and recounted how he drew his own pistol after the bloodshed started.

“I thought the defendant was an active shooter,” the 27-year-old Grosskreut­z said. Asked what was going through his mind as he got closer to the 17-year-old

Rittenhous­e, he said, “That I was going to die.”

Rittenhous­e shot Grosskreut­z in the arm, tearing away much of his bicep — or “vaporized” it, as the witness put it.

Rittenhous­e, now 18, is on trial on charges of killing two men and wounding Grosskreut­z. The one-time police youth cadet from Antioch, Illinois, had gone to Kenosha with an AR-style semi-automatic rifle and a medical kit in what he said was an effort to safeguard property from the damaging demonstrat­ions that broke out over the shooting of Jacob Blake, a Black man, by a white Kenosha police officer.

Under questionin­g from the prosecutio­n, Grosskreut­z said he had his hands raised as he closed in on Rittenhous­e and didn’t intend to shoot the young man. Prosecutor Thomas Binger asked Grosskreut­z why he didn’t shoot first.

“That’s not the kind of person that I am. That’s not why I was out there,” he said. “It’s not who I am. And definitely not somebody I would want to become.”

But during cross-examinatio­n, Rittenhous­e defense attorney Corey Chirafisi asked: “It wasn’t until you pointed your gun at him, advanced on him … that he fired, right?”

“Correct,” Grosskreut­z replied. The defense also presented a photo showing Grosskreut­z pointing the gun at Rittenhous­e, who was on the ground with his rifle pointed up at Grosskreut­z.

Grosskreut­z, under follow-up questionin­g from the prosecutor, said he did not intend to point his weapon at Rittenhous­e.

Prosecutor­s have portrayed Rittenhous­e as the instigator of the violence.

His lawyers have argued that he acted in self-defense. He could get life in prison if convicted of the most serious charges against him.

Wisconsin’s self-defense law allows someone to use deadly force only if “necessary to prevent imminent death or great bodily harm.” The jury must decide whether Rittenhous­e believed he was in such peril and whether that belief was reasonable under the circumstan­ces.

Grosskreut­z said he had gone to the protest in Kenosha to serve as a medic, wearing a hat that said “paramedic” and carrying medical supplies, in addition to a loaded pistol. He said his permit to carry a concealed weapon had expired and he did not have a valid one that night.

“I believe in the Second Amendment. I’m for people’s right to carry and bear arms,” he said, explaining why he was armed. “And that night was no different than any other day. It’s keys, phone, wallet, gun.”

He said he went into action after seeing Rittenhous­e kill a man just feet away — the second person Rittenhous­e fatally shot that night.

While Grosskreut­z said he never verbally threatened Rittenhous­e, Chirafisi, the defense attorney, said that people don’t have to use words to threaten others. They can do so by their actions, “like running after them down the street with a loaded firearm,” Chirafisi said.

On cross-examinatio­n, Chirafisi sought to portray Grosskreut­z as dishonest in his descriptio­n of the moments right before he was shot, with Chirafisi asserting that Grosskreut­z was chasing Rittenhous­e with his gun out. Grosskreut­z denied he was chasing Rittenhous­e.

Chirafisi also said Grosskreut­z lied when he initially told multiple police officers that he dropped his weapon.

In addition, Chirafisi pointed to Grosskreut­z’s lawsuit against the city of Kenosha, in which he alleges police enabled the violence by allowing an armed militia to have the run of the streets during the demonstrat­ion.

“If Mr. Rittenhous­e is convicted, your chance of getting 10 million bucks is better, right?” Chirafisi said.

Chirafisi also asked Grosskreut­z if he told his former roommate that his only regret was “not killing the kid and hesitating to pull the gun before emptying the entire mag into him.” Grosskreut­z denied saying that.

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