Answers to multiple Kenosha questions
Who is investigating? How will it move ahead?
It has been nearly a week since Jacob Blake was shot by Kenosha Police Officer Rusten Sheskey during an altercation that was captured on cellphone video and has grabbed the world’s attention.
Large protests followed, which at times have turned into violence. Selfstyled militia members armed with assault-style weapons showed up. On Tuesday night, three people were shot, two fatally. A 17-year-old is charged in those shootings.
Multiple investigations are underway. Here is where they stand and what comes next:
Who is investigating the Blake shooting? How long will it take? What happens when they are done?
The Wisconsin Department of Justice’s Division of Criminal Investigation is leading the probe in the Blake shooting. The Wisconsin State Patrol and the Kenosha County Sheriff ’s Office are assisting.
At the same time, the FBI is conducting a federal civil rights investigation.
In fatal shootings, state law requires outside investigation when people die in police custody, a law that resulted from another police shooting in Kenosha in 2004.
In this case, the Kenosha Police Department asked the state Department of Justice to investigate the shooting of Blake, who survived but is paralyzed from the waist down, according to his family.
State agents are reviewing evidence and interviewing witnesses. Their reports will go to Kenosha District Attorney Michael Graveley within 30 days.
Graveley will then review the case and decide if the shooting was legally justified. That process can take months.
If Graveley finds that the shooting was not justified, he could charge Sheskey or other officers, though such criminal cases against officers are rare. Even if there are not charges, officers may face department discipline regarding critical incidents.
If Graveley does not file charges, the state’s investigative report will become available to the public. If charges are filed, the report would become part of the case file.
According to the state DOJ website, the investigation will be handled by a special group within the DCI called the Special Investigations Bureau. The bureau was created in 2016 to provide “focused management” of shootings by police officers, and contains three special agents to coordinate the investigation and prosecution.
The U.S. Department of Justice has started a federal civil rights investigation. Why? Who is in charge of it? What is the latest?
The FBI opened a civil rights investigation into the shooting of Blake, which will be overseen by the U.S. Attorney’s Office for the Eastern District of Wisconsin and the criminal section of the U.S. Department of Justice’s Civil Rights Division in Washington, D.C.
The investigation was opened at the request of Graveley. It is running parallel to the state DOJ investigation.
In a Wednesday news conference, Graveley said he made the request in the hopes it would help the community heal more quickly and would increase confidence in the investigations of the police shooting.
Graveley said U.S. Attorney Matthew Krueger and his office would make an independent determination in the case that would “have no connection to my own.”
“There will be essentially a second opinion that’ll be offered on slightly different laws, but still important opinion by a different prosecuting agency,” he said.
The FBI investigates violations of federal civil rights statutes, including “color of law” crimes, such as excessive use of force by a police officer or police misconduct, according to its website.
The FBI is asking anyone who has firsthand information on the shooting of Blake to contact the FBI Milwaukee at (414) 276-4684.
If a shooting is found not to be justified or allowable, the type of charges officers can face range from state counts, such as attempted homicide or recklessly endangering safety, to federal counts, such as depriving someone of their right to be free from excessive force.
Kyle Rittenhouse is charged with homicide after allegedly shooting three people, killing two. What is the status on his case?
Rittenhouse, 17, has been charged in Kenosha County with intentional homicide and reckless homicide. Joseph Rosenbaum, 36, and Anthony Huber, 26, both died. Gaige Grosskreutz, 26, was injured.
Rittenhouse, who was with an armed militia-style group Tuesday, faces six charges. The teen was taken into custody in Illinois the day after the shooting. Kenosha County prosecutors have filed documents to extradite him to Wisconsin.
He will be tried as an adult under Wisconsin law, which considers 17year-olds adults.
Rittenhouse waived his appearance Friday at his first scheduled court hearing in Illinois, with an attorney appearing for him. The attorney asked for 30 days so that Rittenhouse could assemble a legal team that reportedly will include high-profile national lawyers.
A hearing on the status of his extradition has been set for Sept. 25.
In a statement Friday, Rittenhouse’s attorneys said he was defending himself from a “mob” of attackers and vowed to fight the charges and take the case to trial if need be.
Rittenhouse’s legal team argued he was justified in firing his weapon to protect himself from people trying to attack him or take his rifle.
“In fear for his life and concerned the crowd would either continue to shoot at him or even use his own weapon against him, Kyle had no choice but to fire mulitple rounds twoards his immediate attackers,” the statement from the attorneys said.
Rittenhouse’s legal fees are being paid for through the new #FightBack Foundation, whose mission is to “protect and defend our Constitution on many fronts.”
Who is patrolling Kenosha and enforcing the daily curfew?
Local, state and federal law enforcement are on the ground in Kenosha.
The Wisconsin National Guard has been in Kenosha assisting local law enforcement since Monday, though their numbers have grown as the week has gone on.
Maj. Gen. Paul Knapp, the commander of the Wisconsin National Guard, declined to discuss specific numbers, but said there were more than 1,000 troops in Kenosha as of Friday.
National Guard troops from three other states — Alabama, Arizona and Michigan — were on their way to Kenosha on Friday to supplement Wisconsin troops, Knapp said. Some have training in civil disturbance, he said.
Kenosha Mayor John Antaramian has said the city police department is working with several other agencies, including the Kenosha County Sheriff’s Office and federal agencies, during the civil unrest. The federal agencies include the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the U.S. Marshals.
Other police departments and sheriff ’s offices in Wisconsin have also sent deputies and officers to assist, Kenosha County Sheriff David Beth has said.
U.S. Attorney Krueger said federal law enforcement are working with state and local authorities to address violence and destruction during the protests. He said federal law would be used to address arson, rioting, firearms offenses, and other crimes and vowed to prosecute to the fullest extent possible.
Contact John Diedrich at (414) 2242408 or jdiedrich@journalsentinel. com. Follow him on Twitter at @john_diedrich, Instagram at @john_diedrich, LinkedIn or Facebook.