What Is Kyle Rittenhouse Charged With?

Emily Parkin

Here are the five felony charges Kyle Rittenhouse faces in the trial, numbered the way they are in the amended criminal complaint, which does not list them in order of severity (the most severe is Count 4). For each of the felonies, the complaint also lists an aggravating factor that could add to the basic sentence if he is convicted.

Just before closing arguments, the trial judge, Bruce Schroeder, dismissed the sixth count in the complaint, a misdemeanor weapons-possession charge. A seventh count, failure to comply with a lawful order, was dismissed earlier.

In his instructions to the jury, Judge Schroeder said that the jurors could consider convicting Mr. Rittenhouse on lesser charges than those named in the complaint. For example, on the charge of first-degree intentional homicide, the judge said the jury had the option of finding the defendant guilty of second-degree intentional homicide or first-degree reckless homicide instead.

Count 1

Under Wisconsin law, this crime is defined as recklessly causing the death of another human being under circumstances that show utter disregard for human life. It is not necessary for prosecutors to prove intent to kill. (Charges that are generally known as murder counts in other states are called homicides under Wisconsin law.)

Mr. Rittenhouse is accused of this crime in connection with the fatal shooting of Joseph D. Rosenbaum. It is a Class B felony carrying a basic sentence of up to 60 years in prison.

Counts 2 and 3

The law defines this crime as recklessly endangering another person’s safety under circumstances that show utter disregard for human life.

Mr. Rittenhouse is charged with recklessly endangering two people who, according to the criminal complaint, had shots fired toward them but were not hit: Richard McGinnis and an unknown male seen in video of the episode.

The crime is a class F felony that carries a basic sentence of up to 12 and a half years in prison, a fine of up to $25,000, or both, for each of the two counts.

Count 4

The crime, analogous to first-degree murder in other states, is defined as causing the death of another human being with intent to kill that person or someone else, without the presence of certain mitigating circumstances specified in the law.

Mr. Rittenhouse faces this charge in connection with the fatal shooting of Anthony M. Huber. It is a Class A felony that carries a basic sentence of life in prison.

Count 5

Attempting to commit first-degree intentional homicide is a Class B felony under Wisconsin law.

Mr. Rittenhouse faces this charge in connection with the shooting of Gaige P. Grosskreutz, who was struck and wounded. It carries a basic sentence of up to 60 years in prison.

AGGRAVATING FACTOR

A provision of Wisconsin law extends the maximum sentence for crimes committed while possessing, using or threatening to use a dangerous weapon. The criminal complaint invokes this provision for all five felony counts; in each case, it could add up to five years to the prison sentence for that count, if Mr. Rittenhouse is convicted.

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