Well, I'm late to this, but I am going to stick my neck out and say he gets off on self defense. The whole situation was fucked up from the beginning. I think his mother should be on the stand. He never should've been there with a weapon. He wanted to show he was a tough guy with a gun. And now 2 are dead and a third wounded. what a shit show. He's an example of what happens when we glorify gun culture in this country so much.
But as a legal point, none of that matters. The case turns on narrow issues of self defense at the time of the shooting. I see him getting off. The judge may even throw it out without letting it go to a jury.
Yes, that is the defense's tactic. But actual self defense really doesn't apply here. He crossed a police line illegally armed and in violation of curfew. He had many opportunities to leave. He did so to join a fight. You cannot argue self defense if you willingly join into the fight. You have to have "clean hands" to claim self defense.
I'm sure the prosecutor will explain this in the closing statements. Whether that will be compelling to the jury or not is anyone's guess.
Well, no. Violating the police line and the curfew do not mean you lose your right to self defense. You only lose that if you intend to commit a violent act.
I am unsure this is the only exception. But let's go with it tentatively.
You say he was looking for a fight. You have to prove that specific intent beyond a reasonable doubt. But what is the specific evidence for that? Did he say something to that effect before the shooting? Not that I’ve heard.
A video of him has been posted where he was observing people (possibly looters and others) coming out of a CVS in which he said he wished he had his gun. In other words, implying he was willing to shoot people at large who, while they may have been committing misdemeanors, ought not be shot and killed, especially by a 17 year old with an illegally obtained rifle. I only saw the video once and perhaps I am wrong on some details. I recommend seeing the video yourself to make your own assessment, but essentially it does answer your question about what he said before the shooting.
Was he pointing the weapon at someone before all of this happened? Apparently not.
ZiprHead has answered this question.
The other problem is that once the prosecution starts to argue that, they open the door to the others propensity for violent acts. Two of them at least have criminal pasts involving gun crimes, domestic violence, and sexual offense with a minor. That can come out if the prosecution isn’t careful. That coming out will not help the prosecution.
I don't think this is only a problem for the prosecution. It's a problem for anyone arguing about self-defense one way or the other in the Rittenhouse case. Rosenbaum appears to have been a loose cannon with a ton of problems. He had just been in the hospital for a suicide attempt and when they released him, they put some deodorant, soap, underwear etc in a clear plastic bag. He is alleged to have thrown the bag at KR. Not a big deal. He is alleged to have chased KR which is a bigger deal. Some of the details are sketchy. I will add that KR ought not have been in that situation. He bears partial responsibility for being there, not because he knew he was putting himself into a dangerous situation--that's a bad way to say it--but instead, because he was okay with ending people's lives on the other side of the political fence disproportionately to their offenses and as he had that immoral assessment of persons and wanted to be a "hero," he chose to roam the streets with his illegally obtained gun. What is more--when the crowd challenged him after he shot Rosenbaum he told them that Rosenbaum had a gun. More lies. Upon seeing no gun at all by the person who was shot, seeing KR as an active shooter who is making stuff up and associating with boogaloo boys, running around with a dangerous weapon, it isn't completely unreasonable for people in the crowd to next try to disarm him, violently even.
sorry. I think he’s a stupid little fuck. His parents are even worse. But he’s not going to be found guilty of murder. He’ll get off in self defense.
I agree with you on both counts. While I am very unsure he is deserving of self-defense, there are enough people out there who are going to support him over that. I have not been focusing on calling him a murderer, even though one poster here is screaming that I want him to be mega super guilty and that I am clutching pearls. Instead, I am showing KR isn't honest, KR's motivations were not 100% pure, and he was reckless. To the extent he was reckless and devalued human life, regardless of his personal hero narrative, he is undeserving of self-defense claims. That means, I deduce he ought not have a self-defense defense for particular criminal charges related to recklessness and the devaluation of human life...but that other charges unrelated to recklessness and unrelated to devaluation of human life may have a self-defense defense or may not be proved beyond a shadow of a doubt.