Rittenhouse jury may weigh lesser charges

KENOSHA, Wis. — The jurors who will decide Kyle Rittenhouse’s fate will be allowed to consider lesser charges if they opt to acquit him on some of the original counts prosecutors brought, the judge said Friday during a contentious hearing in which both sides could claim partial victory.

Rittenhouse, of nearby Antioch, Illinois, testified that he acted in self-defense when he fatally shot two protesters and wounded a third during an August 2020 night of unrest in Kenosha following the police shooting of Jacob Blake, a Black man.

Jurors are expected to begin deliberating on Monday after closing arguments in a case that has left Americans divided over whether Rittenhouse was a patriot who took a stand against lawlessness or a vigilante who brought a gun to a protest to provoke a response.

With a verdict near, Gov. Tony Evers said Friday that 500 National Guard members would be prepared for duty in Kenosha if local law enforcement requested them.

Rittenhouse, who was 17 at the time at the time of the shootings, is charged with intentional homicide and other counts for killing Joseph Rosenbaum and Anthony Huber and wounding Gaige Grosskreutz.

Wisconsin law allows the prosecution and defense to ask that jurors be told they can consider lesser charges as part of the instructions they receive before deliberating. Defense lawyers can object to lesser charges, and in some cases Friday, they did. For those that they didn’t object to, Judge Bruce Schroeder asked Rittenhouse to confirm that he agreed with his attorneys’ decision.

Schroeder told Rittenhouse that by including the lesser charges, “you’re raising the risk of conviction, although you’re avoiding the possibility that the jury will end up compromising on the more serious crime. And you’re also decreasing the risk that you’ll end up with a second trial because the jury is unable to agree.”

Rittenhouse said he understood.

Schroeder said he would issue his final rulings Saturday, but he made some findings from the bench and indicated how he might rule on others. For counts where jurors will be allowed to consider lesser charges, they will be instructed to only consider them if they first acquit Rittenhouse of the more serious original corresponding charge.