Analysis of Kyle Rittenhouse shooting

There have been some more really good collections of the event in Kenosha involving Kyle Rittenhouse:

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.

2) 

(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.

(c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

(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.

(3) 

(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).

15 thoughts on “Analysis of Kyle Rittenhouse shooting

  1. That’s good to hear that he shouldn’t even get pinched by the under-18 rifle possession charge. Still waiting for the skater boy to get charged with some felonies for his part in this, maybe felony murder since his comrades died in the commission of a crime?

  2. My favorite part will be if your petition for criminal prosecution of the DA succeeds but I have to admit that is a long shot while the civil suit is a virtual certainty.

    I signed the petition, btw, but my comment back disappeared. Thanks for doing that.

  3. I’m also waiting for charges against “Lefty”.

    Attempted murder? Brandishing a firearm?

    To quote Lefty’s friend: He’s only regret is that he hesitated and didn’t kill the kid, dumped the entire magazine into him.

    • Statement against Interest? IIRC, that’s one of the 64,000 exclusions and exceptions to the Hearsay rule.

      My prediction is that this is a story of national interest until it actually comes to trial and the actual law so imaginatively expressed by everyone on Facebook is correctly applied in a court of law, at which point it will be a story of only local interest. (Like Gosnell. Like the Christian and Newsom murders

  4. The only thing I see that Kyle did wrong. He lead lefty a bit much on that last shot. Making his score 2.5 out of a possible 3. But we give him a solid 10 out of 10 for performance under pressure. Even without his youthful handicap.

    • As you probably know, when shooting at someone with a weapon there is a strong bias toward shooting at the weapon instead of the threat actor. This just shows Rittenhouse is human.

      • Interesting. I’ll have to train harder for center-mass shots. Still, amazing instincts on that young man. Good all-American hero. Taking out 3 commie hard-chargers in one engagement!
        He should get his own medal. The MMM. The Militia Medal of Merit!

  5. The why of him walking/running down the street has been covered.
    The only tactical goof on his part was violating the “if they need shooting, they need multiple hits” rule regarding BG#3, especially if using a 5.56nato. He seemed to do this okay with the earlier BG’s. Weapon malf, again?
    Admitedly, I’ve done that on targets in a shoothouse. No idea why, although they were the final target.

  6. He may very well have made several tactical mistakes that could have got him killed but those facts are why he will be found not guilty.
    If he had support then it would have been called a team effort to intimidate and kill.
    If he had been situationally aware of what was behind him he may have shot without the clear attacks.
    Worked out fine for him and he is now a figurehead. Might not have for others.

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