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Title: Kyle Rittenhouse Was 'Turned On' by Mob For Trying to Put Out Car Fires, Witness Says [UPDATED]
Source: Information Liberation
URL Source: https://www.informationliberation.com/?id=61687
Published: Aug 29, 2020
Author: Chris Menahan
Post Date: 2020-09-01 19:15:35 by Deckard
Keywords: None
Views: 481
Comments: 5

Kyle Rittenhouse was "turned on" by a mob on Tuesday night in Kenosha for trying to put out car fires after having put out a fire at a Church earlier in the night, according to a man who reportedly witnessed the riots first hand and allegedly met and joined with Rittenhouse to protect a local business.

The witness told The Vicki McKenna Show during an interview on 1310 WIBA on Friday that Rittenhouse and others, including military veterans, responded to a call on social media from a business owner to help protect his business which had already been partially destroyed during the prior nights of rioting.

The witness, whose identity McKenna says she confirmed but called "Walt" to avoid doxing, said Rittenhouse was with his brother that night who "was his guardian at the time which made it legal for him to possess a firearm."

Walt said Rittenhouse got separated from his brother by police MRAPs trying to disperse the "wild" crowds and police wouldn't allow Rittenhouse to cross back and rejoin their group as the situation was getting out of control with "gunshots" and explosions going off.

Rittenhouse walked by himself to try and meet up with another group "down on 63rd" for safety reasons and called Walt and his brother's group to say, "There's cars on fire down here."

"Earlier in the night, he put the Church next door -- with another one of our people in the group -- he put the Church out of fire," Walt said. "So he's running there, cars are on fire, he wants to put the cars on fire out."

"Well, the crowd did not like that, so they turned on him," Walt said. "Which, at that point they were chasing him around the area."

"I mean, they saw him as a young child, so he was prey to them, they could easily take advantage of him, steal his gun, do whatever horrible to him," Walt said. "At that point, I believe, is when he defended himself first."

Listen to the full interview from 1310 WIBA:



UPDATE: Newly discovered video shows Rittenhouse running with a fire extinguisher:

Click for Full Text!

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Begin Trace Mode for Comment # 2.

#1. To: Deckard (#0)

The witness, whose identity McKenna says she confirmed but called "Walt" to avoid doxing, said Rittenhouse was with his brother that night who "was his guardian at the time which made it legal for him to possess a firearm."

If the claim of lawfulness relies on this, Rittenhouse has a real problem. It is not clear if the claim is that Rittenhouse was with the brother of the witness or his own brother, but it is clear in the video that he was not with any guardian at that time. Being in the same city is not the relevant form of togetherness. Going hunting under the supervision of an adult would do.

What happened seems apparent. Terrorist felons hunted Kyle Rittenhouse on the streets of Kenosha, tracked him down, and multiple members of the pack subjected him to an attack in the mistaken belief he would never fire his weapon. The one who got shot in the arm was a felon with a gun unlawfully in his possession. After he was shot, the gun remained dangling from his hand. No charges have been brought against this attacker. This should be kept in mind when considering how the prosecutors are proceeding.

An instructive case from Indiana was decided in June 2020. A general rule, and held in Indiana, is that a plea of self-defense is barred when the claimant committed a criminal act with an immediate causal connection between the crime and the confrontation. Wisconsin will consider any criminal act they can allege which fits their need. Rittenhouse reported has five lawyers working his case for a good reason. John Pierce is the lead defense counsel.

How strong a case is for self-defense is immaterial if he can't get that plea before a jury. Any criminal act with an immediate causal connection to the confrontation may void the claim.

Also relevant will be whether the confrontation with the second and third victims is considered a continuation of the confrontation with the head shot victim, or if it is treated as a second confrontation. If considered seperately, reckless endangerment incident to the first confrontation might void self-defense for the second confrontation.

https://www.scribd.com/document/474499962/Gammons-v-Indiana-Ind-S-Ct-26-Jun-2020-Self-Defense-While-Committing-Crime

nolu chan  posted on  2020-09-01   23:47:26 ET  Reply   Untrace   Trace   Private Reply  


#2. To: nolu chan (#1)

After he was shot, the gun remained dangling from his hand. No charges have been brought against this attacker. This should be kept in mind when considering how the prosecutors are proceeding.

Man Shot in the Arm by Kyle Rittenhouse Says His Only Regret Was “Not Killing the Kid”

Gaige Grosskreutz, who was caught on camera pointing a gun at Rittenhouse before the teenager show him in the arm, made the comments after doctors were able to save the limb from being amputated.

According to his friend Jacob Marshall, who is pictured with Grosskreutz, the BLM supporter’s “only regret was not killing the kid and hesitating to pull the gun before emptying the entire mag into him.”

In the Facebook post, Marshall also admits that Grosskreutz “drew his weapon” before he was shot by Rittenhouse.

“Well this literally shows INTENT TO KILL, so Kyle Rittenhouse’s defense lawyer just got an early Christmas present,” tweeted Mike Cernovich.

Deckard  posted on  2020-09-02   1:01:49 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 2.

#3. To: Deckard (#2)

WHY does Rittenhouse need FIVE lawyers and hundreds of thousands (if not millions) of dollars for his legal defense? To play videos?

WHY is Rittenhouse in custody?

WHY is Grosskreutz NOT charged, and NOT in custody?

“Wisconsin is an open carry state,” replied Pierce. “You’ve seen the video of what was going on in that city. It was a war zone, and Kyle had every right — just as much a right — to be there as the people that were trying to burn down that city, and he was attempting to protect property and attempting to be there to provide medical aid.”

That is legal bullshit to fool people with weak minds, but is not a legal argument. It is a defense counsel doing his job. My client is innocent because other people were guilty too! That only works in the court of public opinion.

Pierce added, “Every person that has any sense at all is going to take a weapon to that location. It was a legal weapon. I can’t comment right now further on the specifics of where the weapon was obtained. It was obtained as a legal weapon. It did not cross state lines. That charge is incorrect as a matter of law in Wisconsin. Actually, that weapon can be possessed by anyone 16 years or older.”

Here we have a factually correct statement that does not say what it appears to say. It is meant to lead the weak minded to reach a wrong conclusion. Again, it is a defense counsel doing his job of swaying public opinion.

https://www.nbcnews.com/news/us-news/was-kyle-rittenhouse-s-possession-gun-protected-second-amendment-n1238918

Rittenhouse’s attorney, John Pierce of Pierce Bainbridge, plans to fight the underage weapons possession charge, arguing that at 17, his client could be part of the “well regulated Militia” mentioned in the Second Amendment to the U.S. Constitution. Put another way, Pierce will likely argue that Wisconsin’s ban on firearms possession by 17-year-olds is unconstitutional because a 17-year-old minor is on the same Second Amendment footing as an adult.

Therefore, the argument goes, the Wisconsin law unconstitutionally restricts Second Amendment-protected firearms possession. Pierce will likely add that the American colonies expected, and sometimes required, citizens under 18 to have and bear arms.

That will be a reach, for several reasons. In the 2008 Supreme Court case District of Columbia v. Heller, Justice Antonin Scalia expressly stated that "Like most rights, the right secured by the Second Amendment is not unlimited.” Up through the 19th century, “commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose," he added.

Scalia's opinion listed examples of valid, “longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."

Underage possession of firearms was not specifically mentioned on that list, but the court added that this “list does not purport to be exhaustive."

In other cases on gun rights since the Supreme Court ruled on Heller, federal courts have held that modern “under 21” restrictions on handgun purchases are “firmly historically rooted” and that the "right to keep arms in the founding period did not extend to juveniles."

There happens to be a law which states, "Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor." Of course, there is a section which provides, "(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." Was Rittenhouse using his weapon for target practice under the supervision of an adult? Was he engaged in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult? While is is literally correct to state "that weapon can be possessed by anyone 16 years or older,” that omits the circumstances upon which it can be so possessed.

https://law.justia.com/codes/us/2018/title-10/subtitle-a/part-i/chapter-12/sec-246/

10 U.S.C. § 246 (2018)

§246. Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Obviously, this law does not entitle a 17-year old to carry a weapon around New York City. So, how does it entitle Rittenhouse to carry a weapon around Kenosha, Wisconsin?

Rittenhouse is in custody, having been charged with violating Wisconsin law. The bullshit you cited does not show that his lawyers argument, that everyone over the age of 16 could legally possess a dangerous weapon, depends on the success of an unlikely argument that the Wisconsin law is unconstitutional.

As for the bias of the Wisconsin authorities, Grosskreutz has NOT been charged, and is NOT in custody. If Rittenhouse cannot get a plea of self-defense before a jury, he can wipe is ass with the alleged Christmas present. He must win the argument on having a viable self-defense plea before any of that becomes relevant.

You seem to think he has five lawyers to play the video.

He needs five lawyers and a ton of money to defend against a biased prosecution team on a mission to convict him. There is a highly technical argument about whether Rittenhouse can claim self-defense.

As was shown in Gamons v. Indiana, there is a general rule that a plea of self-defense is barred when the claimant committed a criminal act with an immediate causal connection between the crime and the confrontation. The prosecution is almost certain to visit that issue.

The legal war will not be fought over what happened on the video. The war will be fought over whether Rittenhouse can be barred from raising a claim to self-defense.

https://lawandcrime.com/high-profile/attorneys-pounce-on-kyle-rittenhouses-reported-well-regulated-militia-legal-defense/

Attorneys Pounce on Kyle Rittenhouse’s Reported ‘Well Regulated Militia’ Legal Defense

Jerry Lambe
Sep 1st, 2020, 12:36 pm

Kyle Rittenhouse, a 17-year-old supporter of President Donald Trump and police who is accused of fatally shooting two men in Wisconsin last week, is expected to unveil a rather extraordinary legal argument as part of his defense.

Rittenhouse is being charged as an adult with six criminal counts: first-degree intentional homicide, first-degree reckless homicide, two counts of first-degree recklessly endangering safety, attempted first-degree intentional homicide, and possession of a dangerous weapon by a person under the age of 18. The first five are felonies; the weapon possession charge is a misdemeanor. While Rittenhouse’s attorneys will likely combat the various homicide charges by claiming self-defense, NBC News reported on Monday that Rittenhouse’s attorneys are planning to fight the possession charge by arguing that Rittenhouse was acting as part of a “well-regulated militia” under the Second Amendment.

According to the report, Rittenhouse’s attorney John Pierce–who previously represented President Trump’s personal attorney Rudy Giuliani and former Trump campaign foreign policy adviser Carter Page–is likely to argue that Wisconsin’s ban on firearms possession by persons under 18 violates the U.S. Constitution because a 17-year-old minor has the same Second Amendment rights as an adult.

“Therefore, the argument goes, the Wisconsin law unconstitutionally restricts Second Amendment-protected firearms possession,” wrote attorney and NBC legal analyst Danny Cevallos. “Pierce will likely add that the American colonies expected, and sometimes required, citizens under 18 to have and bear arms.”

Cevallos noted that late Supreme Court Justice Antonin Scalia expressly stated in 2008 that the Second Amendment’s right to bear arms was “not unlimited.” That was in the U.S. Supreme Court’s seminal gun rights case District of Columbia v. Heller. Scalia also noted the constitutionality of “longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

Cevallos, a criminal defense lawyer, called the defense “a reach” that is “not likely to succeed,” a sentiment that was widely shared but more scathingly expressed by other attorneys.

Washington D.C.-based national defense attorney Mark Zaid, who previously represented the Ukraine whistleblower, called the argument embarrassing.

“Personally, I’d be embarrassed to make this legal argument,” he tweeted. “But seeing the other cases this attorney has handled, makes sense.”

“This is actually a really good argument if you’re trying to get convicted,” quipped Nashville-based litigator Daniel Horowitz.

Andrew Fleischman, an Atlanta-based trial attorney, had a similarly caustic take on the proposed defense.

“Seems lazy to claim the client is a militia when you could really go for it and say he’s a federal bank in Maryland or that charging him with murder violates the Dormant Commerce Clause,” he remarked.

Criminal defense attorney Janet Johnson agued that, under the circumstances, such a defense “is not available” to Rittenhouse.

“To start with, he illegally possessed the gun and traveled to Wisconsin with it. This defense is not available to him. Period,” she wrote.

Former DOJ civil rights attorney Sasha Samberg-Champion:

"This is not a winning argument unless words have no meaning anymore."

Former federal prosecutor Renato Mariotti.

"Good luck with that."

nolu chan  posted on  2020-09-02 13:49:12 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 2.

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