Court Docs Say Kenosha Shooting Was Self-Defense, Video Shows Another Gun Shot First
Kyle Rittenhouse charged with homicide, but evidence suggests he was defending himself
Court documents have suggested that Kyle Rittenhouse acted in self-defense during the shooting incident during a riot in Kenosha on Tuesday that left two people dead and another injured.
New videos have also revealed that another gun may have fired the first shot before Rittenhouse discharged his weapon.
A criminal complaint filed against Rittenhouse in Kenosha County on Thursday appears to suggest that he acted in self-defense.
This comes as The New York Times released evidence that Rittenhouse wasn't the first person to fire his gun, as early reports first claimed.
Video analysis of the shooting by the NYT shows that an unidentified person fired a handgun moments before the first person was shot that night.
Rittenhouse has been charged with six criminal counts, including felony charges of first-degree reckless homicide, first-degree recklessly endangering safety (2), first-degree intentional homicide, and attempted first-degree intentional homicide.
In the probable cause portion of the criminal complaint, Assistant District Attorney Carli McNeill outlined what investigators believe happened based on numerous videos that were reviewed, according to The Daily Wire.
They also included a witness account from Daily Caller reporter Richard McGinnis.
The criminal complaint describes the events surrounding the first shooting at the Car Source parking lot as follows:
In the first video, a male who was later identified to be Kyle H. Rittenhouse … (hereinafter “the defendant”), is running southwest across the eastern portion of the Car Source parking lot. …
Following the defendant is Rosenbaum and trailing behind the defendant and Rosenbaum is a male who was later identified as Richard McGinnis, a reporter.
The video shows that as they cross the parking lot, Rosenbaum appears to throw an object at the defendant.
The object does not hit the defendant and a second video shows, based on where the object landed, that it was a plastic bag.
Rosenbaum appears to be unarmed for the duration of this video.
A review of the second video shows that the defendant and Rosenbaum continue to move across the parking lot and approach the front of a black car parked in the lot.
A loud bang is heard on the video, then a male shouts, “F**k you!”, then Rosenbaum appears to continue to approach the defendant and gets in near proximity to the defendant when 4 more loud bangs are heard.
Rosenbaum then falls to the ground.
At this point, it’s important to note that The New York Times released a new analysis of videos of the incident that showed that an unidentified person, who was behind Rittenhouse and Rosenbaum, held a handgun up in the air and fired off a round.
The New York Times shows the shot from two different angles, including one where a flash and subsequent smoke can be seen coming out of the barrel of the gun.
At 23:19, Rittenhouse is seen in this YouTube livestream. He's being chased into a parking lot. While he is being pursued, an unknown gunman fires the first shot into the air. pic.twitter.com/BSD8rd6ARN— Christiaan Triebert (@trbrtc) August 27, 2020
The muzzle flash of the first shot by the unknown gunman and the smoke rising from the handgun can be seen in this video capturing the first shooting from a different angle. pic.twitter.com/ddRjsgiMN7— Christiaan Triebert (@trbrtc) August 27, 2020
The criminal complaint continues:
The defendant then circles behind the black car and approaches Rosenbaum.
Rosenbaum remains on the ground. McGinnis also approaches, removes his shirt, and attempts to render aid to Rosenbaum.
The defendant appears to get on his cell phone and place a call.
Another male approaches, and the defendant turns and begins to run away from the scene.
As the defendant is running away, he can be heard saying on the phone, “I just killed somebody.”
Detective Cepress interviewed McGinnis and indicates the following: Before the shooting, McGinnis was interviewing the defendant.
The defendant told McGinnis that he was a trained medic.
McGinnis stated that he (McGinnis) has handled many ARs and that the defendant was not handling the weapon very well.
McGinnis said that as they were walking south another armed male who appeared to be in his 30s joined them and said he was there to protect the defendant.
McGinnis stated that before the defendant reached the parking lot and ran across it, the defendant had moved from the middle of Sheridan Road to the sidewalk and that is when McGinnis saw a male (Rosenbaum) initially try to engage the defendant.
McGinnis stated that as the defendant was walking Rosenbaum was trying to get closer to the defendant.
When Rosenbaum advanced, the defendant did a “juke” move and started running.
McGinnis stated that there were other people that were moving very quickly.
McGinnis stated that they were moving towards the defendant.
McGinnis said that according to what he saw the defendant was trying to evade these individuals.
McGinnis described the point where the defendant had reached the car.
McGinnis described that the defendant had the gun in a low ready position.
Meaning that he had the gun raised but pointed downward.
The butt of the gun would have been at an angle downwards from the shoulder.
McGinnis stated that the defendant brought the gun up.
McGinnis stated that he stepped back and he thinks the defendant fired 3 rounds in rapid succession.
McGinnis said when the first round went off, he thought it hit the pavement.
McGinnis felt something on his leg and his first thought was wondering whether he had gotten shot.
McGinnis was behind and slightly to the right of Rosenbaum, in the line of fire, when the defendant shot.
McGinnis stated that the first round went into the ground and when the second shot went off, the defendant actually had the gun aimed at Rosenbaum.
McGinnis stated he did not hear the two exchange any words. McGinnis said that the unarmed guy (Rosenbaum) was trying to get the defendant’s gun.
McGinnis demonstrated by extending both of his hands in a quick grabbing motion and did that as a visual on how Rosenbaum tried to reach for the defendant’s gun.
Detective Cepress indicates that he asked McGinnis if Rosenbaum had his hands on the gun when the defendant shot.
McGinnis said that he definitely made a motion that he was trying to grab the barrel of the gun.
McGinnis stated that the defendant pulled it away and then raised it.
McGinnis stated that right as they came together, the defendant fired.
McGinnis said that when Rosenbaum was shot, he had leaned in (towards the defendant).
At this point, as it relates only to Rittenhouse, Rittenhouse began running northbound on Sheridan Road, which was full of people who then chased after him and allegedly tried to attack him.
The complaint concluded:
A group of several people begin running northbound on Sheridan Road behind the defendant.
A person can be heard yelling what sounds like, “Beat him up!” Another person can be heard yelling what sounds like, “Hey, he shot him!”
Your complainant reviewed a fourth video that showed a different angle of the defendant running northbound.
In this video a person can be heard yelling, “Get him! Get that dude!”
Then a male in a light-colored top runs towards the defendant and appears to swing at the defendant with his right arm.
This swing makes contact with the defendant, knocking his hat off.
The defendant continues to run northbound.
On the video a male can be heard saying something to the effect of, “What’d he do?”
Another male can be heard responding something to the effect of, “Just shot someone.”
Then a male can be heard yelling, “Get his ass!”
The defendant then trips and falls to the ground.
As the defendant is on the ground, an unidentified male wearing a dark-colored top and lightcolored pants jumps at and over the defendant.
Based on the sounds of gunshots on the video and the positioning of the defendant’s gun, it appears that he fires two shots in quick succession at this person.
It appears that that person was not hit as he then runs away from the defendant.
A second person who was later identified as Anthony Huber approaches the defendant who is still on the ground, on his back.
Huber has a skateboard in his right hand.
When Huber reaches the defendant it appears that he is reaching for the defendant’s gun with his left hand as the skateboard makes contact with the defendant’s left shoulder.
Huber appears to be trying to pull the gun away from the defendant.
The defendant rolls towards his left side and as Huber appears to be trying to grab the gun the gun is pointed at Huber’s body.
The defendant then fires one round which can be heard on the video.
Huber staggers away, taking several steps, then collapses to the ground. Huber subsequently died from this gunshot wound.
After shooting Huber, the defendant moves to a seated position and points his gun at a third male, later identified as Gaige Grosskreutz, who had begun to approach the defendant.
When the defendant shot Huber, Grosskreutz freezes and ducks and takes a step back. Grosskreutz puts his hands in the air.
Grosskreutz then moves towards the defendant who aims his gun at Grosskreutz and shoots him, firing 1 shot.
Grosskreutz was shot in the right arm.
Grosskreutz appears to be holding a handgun in his right hand when he was shot.
Grosskreutz then runs southbound away from the defendant screaming for a medic and the defendant gets up and starts walking northbound.
The defendant turns around facing southbound while walking backwards northbound with his firearm in a ready position, pointed towards the people in the roadway.
After both incidents occurred, Rittenhouse continued to run down the street and apparently tried to flag down and surrender to law enforcement officials.
(Warning, Graphic/Violent)— Brendan Gutenschwager (@BGOnTheScene) August 26, 2020
A crowd chases a suspected shooter down in Kenosha. He trips and falls, then turns with the gun and fires several times. Shots can be heard fired elsewhere as well, corroborating reports of multiple shooters tonight #Kenosha #KenoshaRiots pic.twitter.com/qqsYWmngFW