There have been some more really good collections of the event in Kenosha involving Kyle Rittenhouse:
- Comprehensive, Time-Spliced Video Of Kenosha Event
- The Kenosha Shootings / Kyle Rittenhouse: A Tactical and Legal Analysis
Here is a conclusion from the second link above, written by “Austrian”:
Rittenhouse prevailed in at least four physical encounters, at least one if not two of which involved contests for control of his weapon by larger, presumably stronger assailants. Rittenhouse’s use of a tactical sling would seem to have been of enormous help in permitting him to retain control of his weapon in the physical contest with Huber.
To the extent Rittenhouse made tactical mistakes the most obvious would seem to include:
1. Entering an (Kenosha) environment alone and without apparent support. While Rittenhouse may have been casually associated with some of the groups on the ground it seems to be the case that his association was struck up on his arrival, not a pre-existing one.
2. Allowing himself to become physically isolated and surrounded at the scene of Engagement 1. It is not clear what precipitated the initial conflict with Short Bald Subject, but in this Rittenhouse appears to have been rather unlucky to become entangled in a dispute with one of the more volatile individuals on the scene. This said, it should be entirely foreseeable that volatile individuals would be at the scene of a riot or civil unrest.
3. Failing to remain as situationally aware as possible, particularly to threats behind him, and permitting himself to be repeatedly overtaken from the rear in between Engagements 1 and 2. Prior to going to the ground at the beginning of Engagement 2, Rittenhouse allowed no less than three attacks from the rear which resulted in physical contact. Rittenhouse was lucky that none of these attacks disabled him or rendered him helpless in the face of the pursuing mob. The first battery to the back of Rittenhouse’s head, in particular, had the potential to take Rittenhouse out of the fight for good. If, in fact, Huber and Short Bald Subject were associated, it isn’t hard to imagine Rittenhouse would have come out badly on the wrong side of Engagement 2 if Huber was the vengeful type.
Conceding the tactical mistakes, Rittenhouse’s gun handling, recovery from being kicked and hit on the head/neck with a skateboard while on the ground, dealing with multiple attackers at close range, and split second decision making was incredible.
I agree with Austrian:
Based on the videos I’ve seen Rittenhouse is one of the best weapons handlers under pressure I’ve ever seen.
With video from start to finish from so many angles this is going to go into the textbooks of advanced firearms trainers everywhere. Rittenhouse will get praise for a generation.
From a legal standpoint all the reckless and intentional homicide charges are clearly false. The only potential charge that kept nagging at me until late today was the one about possession of a dangerous weapon by a person under 18 (a misdemeanor).
WI law is somewhat confusing here but I independently came to the same conclusion as found in the analysis by Austrian. The emphasized parts are what I believe to be the only applicable sections:
948.60 Possession of a dangerous weapon by a person under 18.
(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.
(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.
(d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.
(a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult’s supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult’s supervision.
(b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty.
(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28.
941.28 is about the possession of a short-barreled shotgun or short-barreled rifle. Hence, it does not apply to Rittenhouse.
29.304 is about restrictions on hunting and use of firearms by persons under 16 years of age. While some people might claim he was hunting I can’t imagine his activities met the legal definition of hunting. Hence, this section does not apply to Rittenhouse.
29.593 is about requirements for certificate of accomplishment to obtain hunting approval. I’m certain hunting licenses are not being issued by WI fish and game for the state terrorists. Hence, there cannot be issue with any failure to acquire a certificate to get approval for a license.
Hence, the “possession of a dangerous weapon by a person under 18” charge is bogus. Hence, the only trial Rittenhouse should have to go through is the felony charges of the district attorneys (tomorrow morning you will be treated to a wonderful QOTD which relates to this) and the slander and libel lawsuits against those people calling him a murderer.
As J. KB. said today, My favorite part of this saga is coming up (see the QOTD tomorrow morning).