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Kyle Rittenhouse Trial: Defense Rests. Resisting the urge to go full HT and just purge this crapshow of a thread. (1 Viewer)

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Keep lying to yourself.  Skin color and politics matter to most leftist when it comes to if a case is important and how to interpret it.  You are no exception.  You put a black man at protest with a bunch of white conservatives and they start chasing him.  I view the case exactly the same.  You would not.  You can claim you would, but i don't buy it.  I could already write how you would justify it for him, going on about the history in this country of whites lynching of blacks and how his fear was justified ....blah, blah, blah.  
The perfect post to sum up jon_mx on footballguys.  He knows others better than they know themselves.  Whatever doesn't fit his preconceived notions is dismissed is them lying to him.  Labeling people things they aren't to make him feel good about himself and his "side".  Not going any further in this little fishing trip...have a good day.

 
The perfect post to sum up jon_mx on footballguys.  He knows others better than they know themselves.  Whatever doesn't fit his preconceived notions is dismissed is them lying to him.  Labeling people things they aren't to make him feel good about himself and his "side".  Not going any further in this little fishing trip...have a good day.
Good lord, could you stop making all your arguments personal?  You avoid direct questions and continually engage in making points about me.  I laid out a lot facts and law in a way that is probably better than most the actual lawyers on YouTube or TV or in the media.  You throw out statements with how we have terrible laws and come across as not happy with the possibility that Rittenhouse might get off.  I try to find out how the laws are terrible, you just come back to this personal non-sense.  Sure I think based on the laws of Wisconsin that the DA has a terribly weak case with little or no chance of success and is being way overcharged.  I think it is political and I find such abuse of a trusted position revolting.  You want to pretend like you are the one taking the high-road, when in fact you are the one constantly dragging it into the mud.     

 
Good lord, could you stop making all your arguments personal?  You avoid direct questions and continually engage in making points about me.  I laid out a lot facts and law in a way that is probably better than most the actual lawyers on YouTube or TV or in the media.  You throw out statements with how we have terrible laws and come across as not happy with the possibility that Rittenhouse might get off.  I try to find out how the laws are terrible, you just come back to this personal non-sense.  Sure I think based on the laws of Wisconsin that the DA has a terribly weak case with little or no chance of success and is being way overcharged.  I think it is political and I find such abuse of a trusted position revolting.  You want to pretend like you are the one taking the high-road, when in fact you are the one constantly dragging it into the mud.     
Really?  Do as I say, not as I do is what you're going with here?  My first "personal" post was in response to the below.  You don't want personal, don't do personal :shrug:  

Keep lying to yourself.  Skin color and politics matter to most leftist when it comes to if a case is important and how to interpret it.  You are no exception.  You put a black man at protest with a bunch of white conservatives and they start chasing him.  I view the case exactly the same.  You would not.  You can claim you would, but i don't buy it.  I could already write how you would justify it for him, going on about the history in this country of whites lynching of blacks and how his fear was justified ....blah, blah, blah.  

 
Really?  Do as I say, not as I do is what you're going with here?  My first "personal" post was in response to the below.  You don't want personal, don't do personal :shrug:  
And that quote was in response to these:

Completely disagree here.  I don't know why you of all people would think that  Do you have any sort of standard you apply equally in life?  This is one of your more bizarre posts and that's saying something.
No thanks...because you simply won't listen and you haven't listened this entire thread to my position and the bold is direct evidence of that.  I have consistently maintained the position of "wait and see".  I have not applied any standards at all.  I have made no decisions or predetermined any outcomes.  Your projection issues are grossly apparent.  
So I have not standards in life, I don't listen and I project.  Those are personal and BEFORE i told you to stop lying to yourself.  I probably do project, but I have lots of standards and consider my stances consistent and I do listen to criticism.

 
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So I have not standards in life
I asked you a question.  I asserted nothing.  Based on what's been presented, it's a completely valid question in my view.  You're all over the place a good part of the time :shrug:

I don't listen
It's pretty clear that you don't or you wouldn't continue misrepresenting positions of other posters.  It's not just me.  It's either that or just dishonest fishing.  Those are really the only two options.

I do listen to criticism.
And it was never about this :shrug:  It's about listening to other people and their positions and taking them at face value rather than pretending that you know them better than they know themselves and if their response isn't fitting your narrative, it's not that your narrative is completely out of whack, it's that the other person is the problem.  

 
I asked you a question.  I asserted nothing.  Based on what's been presented, it's a completely valid question in my view.  You're all over the place a good part of the time :shrug:

It's pretty clear that you don't or you wouldn't continue misrepresenting positions of other posters.  It's not just me.  It's either that or just dishonest fishing.  Those are really the only two options.

And it was never about this :shrug:  It's about listening to other people and their positions and taking them at face value rather than pretending that you know them better than they know themselves and if their response isn't fitting your narrative, it's not that your narrative is completely out of whack, it's that the other person is the problem.  
It came across as a rhetorical potshot and no it was not fair despite what you think.

 
There is nothing to disagree with.  What I laid out is in the jury instruction and is supported by both case law and codified in the law.  Open carry of a weapon does not constitude provocation.  A simple reading of the self-defense law, a lawyer might not pick that up and could see it possibly being that, but it is well-settled otherwise. 
Would it be fair to say that the entire case is dependent on whether or not Rittenhouse did anything prior to the start of the chase/retreat that rises to the level of provocation for a jury?  And, you believe that you have complete enough of a picture to say "no"?  And, it would take the unlikely event of something being revealed during a trial about this "before" time that is generally unknown today to really change this?

I think this is what you are ultimately saying, but want to be certain I'm not reading anything into your words that are not there.  And as problematic as I find this case, I think I ultimately agree.  (Though I'm guessing we could very well disagree about a revelation happening.)  

 
I am talking about the guy with the gun out chasing Rittenhouse,   Gaige Grosskreutz.  He told a friend he regrets not shooting and killing Rittenhouse, going so far as to say he wanted to empty “the entire mag into him.”  Sounds like he was admitting he was attempting to murder Rittenhousr when he was shot in the hand.  You have no claim of self-defense when a person is fleeing, which Rittenhouse clearly was.  
This however, I think you are exaggerating.  I mean I think most people would vent along these lines after being shot.  Wishing they had shot first.  Being upset that they say stupid things like emptying the magazine.  It would be a hard sell to convince me that this is in anyway reflective of  motive as opposed to the wound.

 
Would it be fair to say that the entire case is dependent on whether or not Rittenhouse did anything prior to the start of the chase/retreat that rises to the level of provocation for a jury?  And, you believe that you have complete enough of a picture to say "no"?  And, it would take the unlikely event of something being revealed during a trial about this "before" time that is generally unknown today to really change this?

I think this is what you are ultimately saying, but want to be certain I'm not reading anything into your words that are not there.  And as problematic as I find this case, I think I ultimately agree.  (Though I'm guessing we could very well disagree about a revelation happening.)  
Does anyone know if the "before" even matters in Wisconsin law?  It doesn't in the Florida law.  You can be the aggressor and initiator of the entire event and yet, if you feel the only way you can get yourself out of the situation is to shoot someone, it only matters that you feared for your life in that moment.

 
Would it be fair to say that the entire case is dependent on whether or not Rittenhouse did anything prior to the start of the chase/retreat that rises to the level of provocation for a jury?  And, you believe that you have complete enough of a picture to say "no"?  And, it would take the unlikely event of something being revealed during a trial about this "before" time that is generally unknown today to really change this?

I think this is what you are ultimately saying, but want to be certain I'm not reading anything into your words that are not there.  And as problematic as I find this case, I think I ultimately agree.  (Though I'm guessing we could very well disagree about a revelation happening.)  
I honestly do not have any clue on what basis the prosecution sees they can be successful.   Provocation is a yes/no answer, and by the law it seems pretty clear Rittenhouse could not be considered to have provoked the attack.  I don't have a 100 percent picture, but by testimony it seems clear Rosenbaum was the boisterous one, Rittenhouse was in fear and ran, Rosenbaum aggressively chased and initiated a physical confrontation by trying to take his weapon.  I can think of nothing the prosecution would have that could alter that, but perhaps that is possible.  Sure, theoretically Rittenhouse could have punched Rosenbaum and ran off, but i am confident nothing like that happened.

And  I would love to hear something that contradicts my reasoning, but none of the arguments against Rittenhouse carry any legal weight.  It does not matter he crossed the state line.  It is not provocation that he had a weapon, despite being underage.  It does not matter he should not have been there.  All these points are issues of judgement, but have no bearing on the legality of the case.  

 
This however, I think you are exaggerating.  I mean I think most people would vent along these lines after being shot.  Wishing they had shot first.  Being upset that they say stupid things like emptying the magazine.  It would be a hard sell to convince me that this is in anyway reflective of  motive as opposed to the wound.
It is a hard sell to a jury, but it is not really an exaggeration.  If you are chasing someone with a gun out of your holster and in your and are in the process of aiming your weapon at an individual, it is very reasonable to believe he was trying to kill him.  It could be argued he was doing it as a defensive posture, but being the one who is pursuing, it seems an act of violent aggression.

 
Does anyone know if the "before" even matters in Wisconsin law?  It doesn't in the Florida law.  You can be the aggressor and initiator of the entire event and yet, if you feel the only way you can get yourself out of the situation is to shoot someone, it only matters that you feared for your life in that moment.
This was linked yesterday.  I'm not a lawyer, but my reading is that "yes" it matters but what counts as relevant seems rather narrow.  Which, absent something we don't know has me more or less on @jon_mx's page - at least as to the law.  I'm troubled with this case, but it seems like absent some unknown event in the before that it sounds to me like Rittenhouse has a decent defense.  

 
It is a hard sell to a jury, but it is not really an exaggeration.  If you are chasing someone with a gun out of your holster and in your and are in the process of aiming your weapon at an individual, it is very reasonable to believe he was trying to kill him.  It could be argued he was doing it as a defensive posture, but being the one who is pursuing, it seems an act of violent aggression.
I'm talking about the statement and not the foolish good Samaritan chasing of a "murderer" with a gun.  The statement supports someone who was shot and in a bad mood.  It is a leap to suggest that it supports his frame of mine when he chased with a pulled gun and did not actually fire and was instead shot.  Maybe in reality it does reflect this, but absent some "you can't handle the truth" moment it would seem to be easy to brush aside as mere venting while licking the wounds.  

 
This was linked yesterday.  I'm not a lawyer, but my reading is that "yes" it matters but what counts as relevant seems rather narrow.  Which, absent something we don't know has me more or less on @jon_mx's page - at least as to the law.  I'm troubled with this case, but it seems like absent some unknown event in the before that it sounds to me like Rittenhouse has a decent defense.  
well, that's better than Florida law at least

This was interesting:

“person who engages in unlawful conduct of a type likely to provoke others . . .” loses the right to claim the privilege of self-defense.

 
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The Commish said:
well, that's better than Florida law at least

This was interesting:
It becomes far less interesting if you quote the entire statement and then look up what 947.01 says unlawful conduct is......it specifically does not include openly carrying a firearm.

The first paragraph of the instruction reflects the rule stated in sub. (2) of § 939.48, which provides that a “person who engages in unlawful conduct of a type likely to provoke others . . .” loses the right to claim the privilege of self-defense. In State v. Boughneit, 97 Wis.2d 687, 294 N.W.2d 675 (Ct. App. 1980), the court held that engaging in what would be considered disorderly conduct under § 947.01 would constitute “unlawful conduct” for the purposes of § 939.48(2)
947.01  Disorderly conduct.

(1) Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

(2) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried.

 
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It becomes far less interesting if you quote the entire statement and then look up what 947.01 says unlawful conduct is......it specifically does not include openly carrying a firearm.
I didn't say this was interesting through the lens of being able to carry a gun or not :shrug:  I really wish you'd stop inserting meaning into people's comments that aren't there.

 
I didn't say this was interesting through the lens of being able to carry a gun or not :shrug:  I really wish you'd stop inserting meaning into people's comments that aren't there.
Good lord, would you stop it already.  The post was meant to be helpful and explain how that applies to the case.  People are making false assertion about that taking Rittenhouse's right to self defense away.

 
Good lord, would you stop it already.  The post was meant to be helpful and explain how that applies to the case.  People are making false assertion about that taking Rittenhouse's right to self defense away.
I'm not one of them and I haven't made an argument one way or the other, so there's no reason to respond to me that way.  Respond to those making that argument.  And, no, I won't stop.  You're not going to put words in my mouth or fabricate my position to mesh with your fantasy of what you want it to be.

 
I'm not one of them and I haven't made an argument one way or the other, so there's no reason to respond to me that way.  Respond to those making that argument.  And, no, I won't stop.  You're not going to put words in my mouth or fabricate my position to mesh with your fantasy of what you want it to be.
You make vague statements like "terrible laws" and "that's interesting" and do not explain what you mean.  I really don't think it is presumptuous to assume you meant those comments as applying to this thread in some way.  There was zero personal commentary about you, just factual explanations.

 
You make vague statements like "terrible laws" and "that's interesting" and do not explain what you mean.  I really don't think it is presumptuous to assume you meant those comments as applying to this thread in some way.  There was zero personal commentary about you, just factual explanations.
It's not.  I do think that the law BFS posted is interesting to this case....just not through the lens of guns.

Though the "terrible laws" comment was a general statement around our gun laws and personal responsibility.  I was going out on a limb and figuring Wisconsin had a law similar to the ones we have in Florida, which are, indeed, terrible and incomplete.

 
jon_mx said:
I honestly do not have any clue on what basis the prosecution sees they can be successful.   Provocation is a yes/no answer, and by the law it seems pretty clear Rittenhouse could not be considered to have provoked the attack.  I don't have a 100 percent picture, but by testimony it seems clear Rosenbaum was the boisterous one, Rittenhouse was in fear and ran, Rosenbaum aggressively chased and initiated a physical confrontation by trying to take his weapon.  I can think of nothing the prosecution would have that could alter that, but perhaps that is possible.  Sure, theoretically Rittenhouse could have punched Rosenbaum and ran off, but i am confident nothing like that happened.

And  I would love to hear something that contradicts my reasoning, but none of the arguments against Rittenhouse carry any legal weight.  It does not matter he crossed the state line.  It is not provocation that he had a weapon, despite being underage.  It does not matter he should not have been there.  All these points are issues of judgement, but have no bearing on the legality of the case.  
I skipped this for a while to give it some thought.  For Rittenhouse I'm not going to be able to contradict your reasoning - sorry.    The only way I can make sense of this is to assume that the prosecutor believes that either he has a good case of "disorderly conduct" in the events prior to the chase to sell to a jury, or at least a good enough case that Rittenhouse will be advised to take a plea.   What that might be :shrug:  .  Maybe nothing than what we already know and you at least won't ever be convinced.  (Me 🤷‍♂️ ) .  But this in my mind is what makes sense right now.

Well I can make sense of it a third way in that the prosecutor doesn't care if can be sold to a jury just as long as the prosecutor is getting press in an only "no press is the only bad press".  But that doesn't seem like something that works out too often.

 
jon_mx said:
I honestly do not have any clue on what basis the prosecution sees they can be successful.   Provocation is a yes/no answer, and by the law it seems pretty clear Rittenhouse could not be considered to have provoked the attack.  I don't have a 100 percent picture, but by testimony it seems clear Rosenbaum was the boisterous one, Rittenhouse was in fear and ran, Rosenbaum aggressively chased and initiated a physical confrontation by trying to take his weapon.  I can think of nothing the prosecution would have that could alter that, but perhaps that is possible.  Sure, theoretically Rittenhouse could have punched Rosenbaum and ran off, but i am confident nothing like that happened.

And  I would love to hear something that contradicts my reasoning, but none of the arguments against Rittenhouse carry any legal weight.  It does not matter he crossed the state line.  It is not provocation that he had a weapon, despite being underage.  It does not matter he should not have been there.  All these points are issues of judgement, but have no bearing on the legality of the case.  
Back at the beginning of this thread, I asked whether, when Rittenhouse heard the gunfire, he turned and pointed his weapon at the unarmed Rosenbaum. I’m not sure whether or not the video or witness testimony provides an answer, but if he did, it could be argued that this was the unlawful act that provoked Rosenbaum to try to disarm him. However, Rittenhouse may very well still have the self-defense argument available to him if he reasonably believed that he had exhausted every means of escape. In any event, I think that could be an argument that might invoke the provocation issue, which takes you to the next level of analysis. 
 

Edit to add:

941.20  Endangering safety by use of dangerous weapon.

(1)  Whoever does any of the following is guilty of a Class A misdemeanor:

(a) Endangers another's safety by the negligent operation or handling of a dangerous weapon.

***

(c) Except as provided in sub. (1m), intentionally points a firearm at or toward another.
 

Note that Subsection 1m refers to pointing a firearm at law enforcement and others, which is a felony. 

Caveat:  Found the above Wisconsin statute on internet - can’t vouch for its accuracy or applicability. 

https://docs.legis.wisconsin.gov/statutes/statutes/941/III/20

 
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Back at the beginning of this thread, I asked whether, when Rittenhouse heard the gunfire, he turned and pointed his weapon at the unarmed Rosenbaum. I’m not sure whether or not the video or witness testimony provides an answer, but if he did, it could be argued that this was the unlawful act that provoked Rosenbaum to try to disarm him. However, Rittenhouse may very well still have the self-defense argument available to him if he reasonably believed that he had exhausted every means of escape. In any event, I think that could be an argument that might invoke the provocation issue, which takes you to the next level of analysis. 
This is specifically why I asked the question about what happened prior to the shooting.  All that seems to be relevant in the story.  Does it matter if he was seen earlier in the evening with an alt-right militia group standing guard at a car lot?  Does it matter that he pointed his gun at a guy trying to get the hell out of dodge?

I don't know the answers to these questions as they relate to Wisconsin law.  

 
Back at the beginning of this thread, I asked whether, when Rittenhouse heard the gunfire, he turned and pointed his weapon at the unarmed Rosenbaum. I’m not sure whether or not the video or witness testimony provides an answer, but if he did, it could be argued that this was the unlawful act that provoked Rosenbaum to try to disarm him. However, Rittenhouse may very well still have the self-defense argument available to him if he reasonably believed that he had exhausted every means of escape. In any event, I think that could be an argument that might invoke the provocation issue, which takes you to the next level of analysis. 
If someone is chasing you in a threatening way which could reasonably be viewed as intending to do great bodily harm, pointing is weapon at him is lawful.   So IMO, even that would not make Rittenhouse that action illegal.  There are specific law/case law about pointing a weapon at someone, but i forgot where i saw it and specifically how it read.

Watching the video fairly closely, it appears the gunshot goes off, Rittenhouse continues to take three or four more steps when his path is block by the vehicles.  As he turns around and Rosenbaum is right on top of him and Rittenhouse is pinned against what looks like a van.  Rosenbaum body blocks us from seeing the details, so the witness who was following the chase is the only person who could see what went down in those few seconds.  He stated the Rosenbaum grabbed for the gun.  You could hear three shots fired, which matches the witness account of Rittenhouse firing three shots.  Rosenbaum fell to the ground.  Rittenhouse ran around a car during when three additional shots from an unknown source was fired.   Rittenhouse waited until the last possible moment before stopping and resorting to deadly force.  Even if Rittenhouse was considered to have provoked it, he would still have a decent case because he retreated and exhausted all possible options before firing.

 
This is specifically why I asked the question about what happened prior to the shooting.  All that seems to be relevant in the story.  Does it matter if he was seen earlier in the evening with an alt-right militia group standing guard at a car lot?  Does it matter that he pointed his gun at a guy trying to get the hell out of dodge?

I don't know the answers to these questions as they relate to Wisconsin law.  
bigbottom was asking about the few seconds before Rittenhouse fired, not events earlier that night.  Allegedly being part of some alt-right militia group has zero bearing.  That is good political rhetoric, but is speculative and not relevant.  The acts of the so-called militia open carrying weapons is legal and would not be considered to be provoking.  Earlier events or personal history of violence can be considered, but since these two did not know each other, even Rosenbaum's lifetime of criminal record is not admissible.  Probably neither is Rosenbaum pushing a flaming dumpster moments before admissible, unless Rittenhouse witnessed it and that influenced his fear.  

 
I skipped this for a while to give it some thought.  For Rittenhouse I'm not going to be able to contradict your reasoning - sorry.    The only way I can make sense of this is to assume that the prosecutor believes that either he has a good case of "disorderly conduct" in the events prior to the chase to sell to a jury, or at least a good enough case that Rittenhouse will be advised to take a plea.   What that might be :shrug:  .  Maybe nothing than what we already know and you at least won't ever be convinced.  (Me 🤷‍♂️ ) .  But this in my mind is what makes sense right now.

Well I can make sense of it a third way in that the prosecutor doesn't care if can be sold to a jury just as long as the prosecutor is getting press in an only "no press is the only bad press".  But that doesn't seem like something that works out too often.
It could have been a fear of public pressure of continued riots drove them to rush charges out.  But their aggressiveness to get charges out the next day and to pump of the charges seems like they are being steered by politics more than facts.  They did not even talk to Rittenhouse before filing charges.  I do not even believe they talked to the key witness.  Their filing was sloppy and may ultimately help the defense.  As much as it could be possible the prosecution has an ace up their sleeve, i am confident that they don't and could not even speculate what that could even possibly be.

 
bigbottom was asking about the few seconds before Rittenhouse fired, not events earlier that night.  Allegedly being part of some alt-right militia group has zero bearing.  That is good political rhetoric, but is speculative and not relevant.  The acts of the so-called militia open carrying weapons is legal and would not be considered to be provoking.  Earlier events or personal history of violence can be considered, but since these two did not know each other, even Rosenbaum's lifetime of criminal record is not admissible.  Probably neither is Rosenbaum pushing a flaming dumpster moments before admissible, unless Rittenhouse witnessed it and that influenced his fear.  
And I was asking about events from earlier in the evening.  The statute BFS provided doesn't seem to have a timeframe tied to it so it all seems relevant.  BB asks if pointing a gun at Rosenbaum would be an issue....I ask if him pointing his gun at anyone would be an issue.

 
Edit to add:

941.20  Endangering safety by use of dangerous weapon.

(1)  Whoever does any of the following is guilty of a Class A misdemeanor:

(a) Endangers another's safety by the negligent operation or handling of a dangerous weapon.

***

(c) Except as provided in sub. (1m), intentionally points a firearm at or toward another.
 

Note that Subsection 1m refers to pointing a firearm at law enforcement and others, which is a felony. 

Caveat:  Found the above Wisconsin statute on internet - can’t vouch for its accuracy or applicability. 

https://docs.legis.wisconsin.gov/statutes/statutes/941/III/20


Although intentionally pointing a firearm at another constitutes a violation of s. 941.20, under sub. (1) a person is privileged to point a gun at another person in self-defense if the person reasonably believes that the threat of force is necessary to prevent or terminate what he or she reasonably believes to be an unlawful interference. State v. Watkins, 2002 WI 101, 255 Wis. 2d 265, 647 N.W.2d 244, 00-0064.

 
Although intentionally pointing a firearm at another constitutes a violation of s. 941.20, under sub. (1) a person is privileged to point a gun at another person in self-defense if the person reasonably believes that the threat of force is necessary to prevent or terminate what he or she reasonably believes to be an unlawful interference. State v. Watkins, 2002 WI 101, 255 Wis. 2d 265, 647 N.W.2d 244, 00-0064.
But that is going to require an analysis of the video (which admittedly, I have not and will not watch).  The scenario I raised is whether Rittenhouse heard the shots and that caused him to turn and point his gun at an unarmed Rosenbaum. In that scenario, and at that moment, I’m not sure that the self-defense privilege exists. But if, as you state, Rosenbaum was literally on top of him when Rittenhouse turned, then the privilege is much more likely to exist. 

p.s.  It is very much possible to discuss this topic without taking potshots at each other. 

 
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p.s.  It is very much possible to discuss this topic without taking potshots at each other. 
Yeah this is a super complicated and jurisdictionally nuanced legal issue. We definitely need to be cool if there are disagreements, misunderstandings, bad questions, etc. 

 
By the way....what are the list of charges against this kid?
There are seven charges -

1  940.02(1) - 1st-Degree Reckless Homicide

Modifier: - 939.63(1)(b) Use of a Dangerous Weapon

2  941.30(1) - 1st-Degree Recklessly Endangering Safety

Modifier: - 939.63(1)(b)  Use of a Dangerous Weapon

3  940.01(1)(a) - 1st-Degree Intentional Homicide

Modifier: - 939.63(1)(b) Use of a Dangerous Weapon

4  940.01(1)(a) - Attempt 1st-Degree Intentional Homicide

Modifier: - 939.63(1)(b)  Use of a Dangerous Weapon

5  941.30(1) - 1st-Degree Recklessly Endangering Safety

Modifier: - 939.63(1)(b)  Use of a Dangerous Weapon

6  948.60(2)(a) - Possess Dangerous Weapon-Person < 18

7  323.28 - Fail to Comply w/ Emergency Mngt Order of State or Local Gov

 
There are seven charges -

1  940.02(1) - 1st-Degree Reckless Homicide

Modifier: - 939.63(1)(b) Use of a Dangerous Weapon

2  941.30(1) - 1st-Degree Recklessly Endangering Safety

Modifier: - 939.63(1)(b)  Use of a Dangerous Weapon

3  940.01(1)(a) - 1st-Degree Intentional Homicide

Modifier: - 939.63(1)(b) Use of a Dangerous Weapon

4  940.01(1)(a) - Attempt 1st-Degree Intentional Homicide

Modifier: - 939.63(1)(b)  Use of a Dangerous Weapon

5  941.30(1) - 1st-Degree Recklessly Endangering Safety

Modifier: - 939.63(1)(b)  Use of a Dangerous Weapon

6  948.60(2)(a) - Possess Dangerous Weapon-Person < 18

7  323.28 - Fail to Comply w/ Emergency Mngt Order of State or Local Gov
Thanks :hifive:  

 
The Commish said:
Does anyone know if the "before" even matters in Wisconsin law?  It doesn't in the Florida law.  You can be the aggressor and initiator of the entire event and yet, if you feel the only way you can get yourself out of the situation is to shoot someone, it only matters that you feared for your life in that moment.
I think that’s the part I’m really struggling to understand. For me, the fact the Rittenhouse showed up somewhere with a gun looking for trouble absolutely matters.

If all it takes is for either party to fear for their life - does that mean no matter who killed who nobody would get in trouble legally? If I were one of the protestors that night and I saw Rittenhouse I would for sure have feared for my life. So at that point it’s just game on?
 

 
I think that’s the part I’m really struggling to understand. For me, the fact the Rittenhouse showed up somewhere with a gun looking for trouble absolutely matters.

If all it takes is for either party to fear for their life - does that mean no matter who killed who nobody would get in trouble legally? If I were one of the protestors that night and I saw Rittenhouse I would for sure have feared for my life. So at that point it’s just game on?
 
Why do you assume Rittenhouse was the one "looking for trouble" and not the so-call protestors who did millions of dollars of damage to Kenosha the night before?  That seems like a wildly unfair and weird weird characterization.

The fear for your life must be from the perspective of a reasonable person and you must have reasonable fear that you are in eminent danger of loss of life or severe bodily harm.  Having open possession of a weapon does not qualify as provoking.  If he was actively pointing his weapon at you and other protestors, that would.  Legally, Rosenbaum was the person who initially provocated the confrontation.

 
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I think that’s the part I’m really struggling to understand. For me, the fact the Rittenhouse showed up somewhere with a gun looking for trouble absolutely matters.

If all it takes is for either party to fear for their life - does that mean no matter who killed who nobody would get in trouble legally? If I were one of the protestors that night and I saw Rittenhouse I would for sure have feared for my life. So at that point it’s just game on?
 
Well, here in Florida it doesn't matter, so that's why I asked the question.  Wisconsin seems to at least allow for the possibility to have events leading up to the conflict to be taken into account, so they start off from a slightly better place.  Guess we'll see how this plays out once the trial begins and how big a factor it can be.

 
Well, here in Florida it doesn't matter, so that's why I asked the question.  Wisconsin seems to at least allow for the possibility to have events leading up to the conflict to be taken into account, so they start off from a slightly better place.  Guess we'll see how this plays out once the trial begins and how big a factor it can be.
First off,, what you think matters, doesn't.  Even so, you can't even point to an event which might have caused Rittenhouse to be attacked.  You seem to be imagining some event happened so Rittenhouse could be viewed to have provoked it.  Is it so hard to believe this raging psychopath who had been acting violently all-night saw Rittenhouse alone and vulnerable and started shouting at him?  Rittenhouse scared took off running and the chase started.  That is what the facts point to.  What do you think happened that is different?  

 
First off,, what you think matters, doesn't.  Even so, you can't even point to an event which might have caused Rittenhouse to be attacked.  You seem to be imagining some event happened so Rittenhouse could be viewed to have provoked it.  Is it so hard to believe this raging psychopath who had been acting violently all-night saw Rittenhouse alone and vulnerable and started shouting at him?  Rittenhouse scared took off running and the chase started.  That is what the facts point to.  What do you think happened that is different?  
Seriously...just put me on ignore please.  What I believe or what I think doesn't matter.  What Wisconsin laws says matters.  I'll go with them.  What the evidence presented in court shows is what matters.  I will wait until then to comment on the actual evidence of the case.

 
Seriously...just put me on ignore please.  What I believe or what I think doesn't matter.  What Wisconsin laws says matters.  I'll go with them.  What the evidence presented in court shows is what matters.  I will wait until then to comment on the actual evidence of the case.
Well I guess you can comment when the case is done then.  I am telling you what the laws says and you don't care.  I am commenting on the facts, the law, the case and the politics.  That is what a discussion forum does.

 
Why do you assume Rittenhouse was the one "looking for trouble" and not the so-call protestors who did millions of dollars of damage to Kenosha the night before?  That seems like a wildly unfair and weird weird characterization.

The fear for your life must be from the perspective of a reasonable person and you must have reasonable fear that you are in eminent danger of loss of life or severe bodily harm.  Having open possession of a weapon does not qualify as provoking.  If he was actively pointing his weapon at you and other protestors, that would.  Legally, Rosenbaum was the person who initially provocated the confrontation.
If I had said he went to play vigilante - would you agree with that? I can’t think of why else you’d show up to counter-protest with an AR-15. 

It’s interesting you brought up the Zimmerman case earlier, because I feel similarly about that one. Zimmerman started a fight when he had absolutely no right to, lost, and then killed a kid because he was scared for his life. Even if legally he did nothing wrong it’s 100% his fault that Martin is dead.
 

Similar to Zimmerman it’s hard for me to accept that anyone would think of Rittenhouse as a hero or say that he did nothing wrong. The fact that he went to a bar to pose for photos after isn’t relevant to the case I’m sure but it kinda makes me sick to my stomach. He should not be proud of what he did. 

 
If I had said he went to play vigilante - would you agree with that? I can’t think of why else you’d show up to counter-protest with an AR-15. 

It’s interesting you brought up the Zimmerman case earlier, because I feel similarly about that one. Zimmerman started a fight when he had absolutely no right to, lost, and then killed a kid because he was scared for his life. Even if legally he did nothing wrong it’s 100% his fault that Martin is dead.
 

Similar to Zimmerman it’s hard for me to accept that anyone would think of Rittenhouse as a hero or say that he did nothing wrong. The fact that he went to a bar to pose for photos after isn’t relevant to the case I’m sure but it kinda makes me sick to my stomach. He should not be proud of what he did. 
Sure, he was technically a vigilante....but so were the second wave of people who attacked him.  

What evidence do you have to suggest Zimmerman started the fight?  That is 100 percent speculation and all of the evidence pointed otherwise.  If Martin would have been scared for his life, he would have fled.  He had several minutes when he was behind the buildings, Zimmerman was not chasing him.  Instead he hung out behind the building and waited.  There is a ton of stuff about Martin that has never been reported in the media.  Like he loves to fight and had been suspended numerous times for fighting.  In fact that is why he was at his Dad's house, he was on a 10-day suspension for fighting,  There is no reason to not believe Zimmerman's story that Martin jumped him and proceeded to kick his ###.  In fact the police investigation tried to trick Zimmerman by telling him they had video of the confrontation and Zimmermans's response was "Thank god!".  The police did a thorough investigation, which is why they did not press any charges.

Of course, Rittenhouse is not a hero, but the character assassination and hatred spewed against him is outrageous.  Rosenbaum unprovoked attacked Rittenhouse in a manner which a reasonable person would fear for their life.  All these talking points trying to wrongly implicate Rittenhouse matter nothing to the case.  The media largely ignores Rosenbaum and how he instigated the fight to frame it in a way to misinform the public.  Rittenhouse did not go to the bar to pose for photos.  He was out with his mom having diner and a few guys Rittenhouse did not know saw him and invited him across the street to the bar.  He went to the bar and they snapped a few pictures.  It was stupid and unwise, and was used for more political assassination.  But the context on how the media presented it was more disgusting than the actual context.

The media has done a horrendous job at reporting both of these stories, which infuriates me.  They are peddling false narrative after false narrative and it results in hatred and death threats and has resulted in two cases which should never have gone to trial

 
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You're telling me what your interpretation of the laws says, and you're right, I don't care.

You're commenting on what you saw in a video from youtube and I don't really care about the politics of it.
The lawyers who have commented on it agree with my reading, and it is pretty clear.  There is video of 90 percent of what went down.  Everything supports a valid self-defense claim by Rittenhouse.  You want to invent some event that happened in that 10 percent to somehow blame Rittenhouse, but it is crazy and you can't even identify what it could possible be.  We know almost all the facts.  The law is clear.  The case has a slim to none chance of success on any of the homicide charges.

 
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The lawyers who have commented on it agree with my reading, and it is pretty clear.  There is video of 90 percent of what went down.  Everything supports a valid self-defense claim by Rittenhouse.  You want to invent some event that happened in that 10 percent to somehow blame Rittenhouse, but it is crazy and you can't even identify what it could possible be.  We know almost all the facts.  The law is clear.  The case has a slim to none chance of success on any of the homicide charges.
no I don't....put me on ignore.....I won't be responding to you anymore.

 
jon_mx said:
Chasing someone with your gun drawn.  Just to clarify, he also indicated he wished he shot sooner (before he he was shot).  Attempted murder does not require a shot was actually fired, but that substantial steps were taken to commit the act.   He was in the process of aiming his gun towards Rittenhouse the moment he was shot.  
I still don’t get this argument. Rittenhouse has already shot and killed someone by this point in the timeline. Both of the people you’re talking about had their guns drawn, Rittenhouse shoots and your immediate conclusion is that the guy who hasn't shot anybody should be charged with attempted murder, but the guy who has now shot 3 and killed two was just defending himself?

 
Why do you assume Rittenhouse was the one "looking for trouble" and not the so-call protestors who did millions of dollars of damage to Kenosha the night before?  That seems like a wildly unfair and weird weird characterization.

The fear for your life must be from the perspective of a reasonable person and you must have reasonable fear that you are in eminent danger of loss of life or severe bodily harm.  Having open possession of a weapon does not qualify as provoking.  If he was actively pointing his weapon at you and other protestors, that would.  Legally, Rosenbaum was the person who initially provocated the confrontation.
He could have stayed home and let the police deal with the protestors. Instead he went across state lines with a gun to a highly charged scene.

I would argue that both sides were there looking for trouble. 

 
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