By Nathan Layne
KENOSHA, Wis. (Reuters) – Whether Kyle Rittenhouse walks free or goes to prison is now in the hands of a Wisconsin jury.
A 12-member jury must decide whether the U.S. teen acted in self-defense when he fatally shot two men and wounded a third during protests for racial justice in Kenosha last year.
Rittenhouse, 18, faces five felony charges with sentences ranging from life in prison to 12-1/2 years behind bars. Two of the charges are punishable by up to 60 years in prison.
The judge dismissed a misdemeanor charge against Rittenhouse for illegally possessing the AR-15-style rifle he used in the shootings. Judge Bruce Schroeder said there were exceptions in the law that appeared to allow for Rittenhouse to possess the semi-automatic rifle.
All five remaining charges carry the aggravating factor of “use of a dangerous weapon.” The provision can add up to five years to each sentence.
COUNT 1: FIRST-DEGREE RECKLESS HOMICIDE
This felony stems from Rittenhouse fatally shooting Joseph Rosenbaum, 36, and carries a sentence of up to 60 years in prison.
Video at the trial showed Rosenbaum chasing Rittenhouse into a used-car lot as Rittenhouse yelled: “Friendly, friendly, friendly.” Rittenhouse and a witness testified that Rosenbaum, who was unarmed, tried to grab the teen’s rifle.
The charge requires the jury to find that Rittenhouse caused the death with “utter disregard for human life.”
COUNTS 2 AND 3: FIRST-DEGREE RECKLESSLY ENDANGERING SAFETY
Prosecutors say that when Rittenhouse shot Rosenbaum, the teenager recklessly endangered the safety of a bystander, Richard McGinnis. McGinnis, chief video director of the Daily Caller, a conservative website, testified that Rosenbaum tried to grab the barrel of Rittenhouse’s rifle before the teenager shot Rosenbaum.
Before Rittenhouse shot Anthony Huber, video shows an unidentified man trying to kick Rittenhouse and the teen firing two shots at him, which appear to miss. Prosecutors also charged Rittenhouse with first-degree recklessly endangering safety for this incident.
The felony carries a fine of up to $25,000 and up to 12-1/2 years in prison.
COUNT 4: FIRST-DEGREE INTENTIONAL HOMICIDE
This is the most serious charge Rittenhouse faces and similar to first-degree murder in other states. If the jury finds him guilty, the 18-year-old faces life in prison.
The charge stems from the death of Huber, 26, the second person Rittenhouse shot.
After shooting Rosenbaum, Rittenhouse fled the scene and was chased by Huber and others. After stumbling to the ground, Rittenhouse shot Huber, who swung a skateboard at him.
The judge granted a prosecution request to have the jury also consider second-degree intentional homicide and first-degree reckless homicide. Both carry up to 60 years in prison.
COUNT 5: ATTEMPTED FIRST-DEGREE INTENTIONAL HOMICIDE
This charge stems from Rittenhouse wounding Gaige Grosskreutz, 27, who lost part of his arm to the bullet. The felony carries up to 60 years in prison.
The judge granted a prosecution request to have the jury also consider attempted second-degree intentional homicide, which carries up to 60 years in prison, and first-degree reckless endangering safety, which is punishable by up to 12-1/2 years in prison.
(Reporting by Nathan Layne; Writing by Lisa Shumaker; Editing by Peter Cooney)
