Marysville Appeal-Democrat

Kyle Rittenhous­e’s lawyers argue client acted in self-defense

- Chicago Tribune (TNS)

CHICAGO – Kyle Rittenhous­e’s lawyers have argued that he clearly acted in self-defense when he shot three people – two fatally – at a protest in Kenosha late last month.

The success or failure of a potential courtroom self-defense claim, however, could hinge on questions about the teen’s actions before he fired and details that have yet to emerge, defense lawyers in Wisconsin said. As in other states, the law in Wisconsin allows people to use guns to defend themselves against serious threats, but there are exceptions to that right.

One potential key issue: Could prosecutor­s show that Rittenhous­e, 17, of Antioch, Illinois, committed an unlawful act that provoked attacks on him? If so, the law holds that he would have to show he exhausted his chances to flee or otherwise avoid being harmed before shooting, attorneys said. And whoever was the aggressor, Rittenhous­e would have to show he reasonably believed he had to shoot to prevent his death or serious injury.

Milwaukee defense attorney Craig Mastantuon­o, who has handled selfdefens­e claims, told the Chicago Tribune it could be challengin­g for Rittenhous­e’s lawyers to successful­ly argue self-defense when neither of the men killed is said to have carried a gun or other clearly lethal weapon. Video shows that one of the men who died had a skateboard, and prosecutor­s wrote that video indicated that a third man Rittenhous­e wounded had a gun.

“Anybody claiming that this is clear-cut selfdefens­e is way premature,” Mastantuon­o said. “The evidence still has to come in and witnesses still need to be spoken to and the video isn’t the only evidence.”

Attorney John M. Pierce, whose firm has represente­d associates of President Donald Trump, took Rittenhous­e’s case and issued a statement days after the shooting that casts the people shot as attackers and said the teen “exercised his God-given, Constituti­onal, common law and statutory law right to self-defense.”

When reached by the Tribune, Pierce asked for emailed questions but did not respond to them.

The politicall­y charged conversati­on around Rittenhous­e’s case has centered largely on videos that prosecutor­s allege show the teenager shooting three men with an Ar-15-style rifle Aug. 25 during violent protests over white police Officer Rusten Sheskey’s shooting of 29-year-old Black man Jacob Blake a couple of days earlier.

The Wisconsin Department of Justice, which is investigat­ing the shooting, has said Blake admitted to possessing a knife, though not whether he wielded it during the confrontat­ion. Investigat­ors recovered a knife from the floorboard of the SUV that Blake was driving. Blake’s family has said he is paralyzed from the waist down.

Videos show that Rittenhous­e was among numerous civilians armed with rifles who interjecte­d themselves into the protests, property destructio­n and

looting that followed Blake’s shooting. Kenosha County prosecutor­s have charged Rittenhous­e with murder, first-degree reckless homicide and four other counts.

Some conservati­ves and gun rights advocates immediatel­y defended Rittenhous­e. For example, Fox News host Tucker Carlson said Rittenhous­e “decided to maintain order when no one else would.” Trump said the teen was “in very big trouble” and “probably would have been killed” during the confrontat­ion.

Liberal commentato­rs have argued that Rittenhous­e needlessly killed two people after wading heavily armed into unrest over police violence against African Americans. New York Times columnist Jamelle Bouie wrote that, “Rittenhous­e should not have been there, and we should agree – all of us – that the shooting should not have happened.”

The shootings are among several to occur during unrest nationwide in the three months since George Floyd died under the knee of a Minneapoli­s cop. At least two men identified as gunmen who shot protesters have said they fired in self-defense, according to media reports.

There is extensive video footage from the night of the Kenosha shootings, and it forms both the backbone of prosecutor­s’ charges and Rittenhous­e’s lawyer’s statement in his defense.

 ?? Getty Images/tns ?? A man wears a shirt calling for freedom for Kyle Rittenhous­e, 17, the man who allegedly shot protesters in Wisconsin, during a U.S. President Donald Trump Campaign Rally, the day after the end of the Republican National Convention, at Manchester airport in Londonderr­y, NH on Aug. 28.
Getty Images/tns A man wears a shirt calling for freedom for Kyle Rittenhous­e, 17, the man who allegedly shot protesters in Wisconsin, during a U.S. President Donald Trump Campaign Rally, the day after the end of the Republican National Convention, at Manchester airport in Londonderr­y, NH on Aug. 28.

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