Judge Bruce Schroeder on Monday dismissed the charge of gun possession by a minor in the Kyle Rittenhouse trial.
The charge was dropped after the defense argued that the statute makes it unlawful for those under age 18 to carry what is known as a "short-barreled rifle" in Wisconsin, i.e. a rifle with a barrel shorter than 16 inches, but it is not illegal to carry a longer rifle. This law that allows teenagers to hunt.
No evidence was presented in trial arguing that the AR-15 Rittenhouse had on Aug. 25, 2020 — which was used to shoot Gaige Grosskreutz, Anthony Huber and Joseph Rosenbaum — had a barrel longer than 16 inches. On Monday morning, the prosecution acknowledged that the barrel length is more than 16 inches, and Schroeder dismissed the charge.
The implication of this is could be that it would be legal for teenagers to openly carry AR-15s under most circumstances in Wisconsin.
The charge was dropped prior to the jury being called into the courtroom at about 9:50 a.m. Monday as attorneys for both sides and Schroeder finalized instructions that would be relayed to the jury. Closing statements are expected Monday prior to the jury being allowed to deliberate.
Kenosha Police Detective Ben Antaramian prepares to show an assault-style rifle belonging to defendant Kyle Rittenhouse to State Crime Lab firearms examiner Heather Williams and to the jury during trial at Kenosha Circuit Court, Monday, Nov. 8, 2021, in Kenosha.
MARK HERTZBERG, ASSOCIATED PRESS
Schroeder has yet to definitively rule on the defense's attempt last week to have the trial ruled a "mistrial with prejudice," meaning that the charges could not be brought up again.
The majority of the most serious charges against Rittenhouse, for which he could face life in prison in the killings of Rosenbaum and Huber, are still to be considered by the jury so long as a mistrial ruling isn't given.
The charge was dropped after the defense argued that the statute makes it unlawful for those under age 18 to carry what is known as a "short-barreled rifle" in Wisconsin, i.e. a rifle with a barrel shorter than 16 inches, but it is not illegal to carry a longer rifle. This law that allows teenagers to hunt.
No evidence was presented in trial arguing that the AR-15 Rittenhouse had on Aug. 25, 2020 — which was used to shoot Gaige Grosskreutz, Anthony Huber and Joseph Rosenbaum — had a barrel longer than 16 inches. On Monday morning, the prosecution acknowledged that the barrel length is more than 16 inches, and Schroeder dismissed the charge.
The implication of this is could be that it would be legal for teenagers to openly carry AR-15s under most circumstances in Wisconsin.
The charge was dropped prior to the jury being called into the courtroom at about 9:50 a.m. Monday as attorneys for both sides and Schroeder finalized instructions that would be relayed to the jury. Closing statements are expected Monday prior to the jury being allowed to deliberate.
Kenosha Police Detective Ben Antaramian prepares to show an assault-style rifle belonging to defendant Kyle Rittenhouse to State Crime Lab firearms examiner Heather Williams and to the jury during trial at Kenosha Circuit Court, Monday, Nov. 8, 2021, in Kenosha.
MARK HERTZBERG, ASSOCIATED PRESS
Schroeder has yet to definitively rule on the defense's attempt last week to have the trial ruled a "mistrial with prejudice," meaning that the charges could not be brought up again.
The majority of the most serious charges against Rittenhouse, for which he could face life in prison in the killings of Rosenbaum and Huber, are still to be considered by the jury so long as a mistrial ruling isn't given.
Gun charge dismissed in Kyle Rittenhouse trial
The judge at Kyle Rittenhouse’s murder trial has dismissed a count of possession of a dangerous weapon by a person under 18.
qctimes.com