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Judge Drops Curfew Charge in Kyle Rittenhouse Case as State Rests Case

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OPINION: This article contains commentary which reflects the author's opinion


Judge Bruce Schroeder dismissed a curfew citation charge against Kyle Rittenhouse after defense attorneys argued that the prosecution failed to present evidence that a curfew was in place on the night of the shooting incident.

Judge Schroeder dropping the charge came as the prosecution rested its case after six days of hearings, which involved almost two dozen witnesses against Rittenhouse.

Schroeder dropped the curfew charge, leaving six remaining charges under investigation in the case.

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“BREAKING: The prosecution has rested it’s case in the #KyleRittenhouseTrial. A judge has also ruled that #Rittenhouse’s seventh charge will be dropped, meaning the teen will not be prosecuted for violating the city-wide curfew on the night he allegedly shot three people,” Daily Beast reporter Pilar Melendez tweeted.

A prosecutor in the Rittenhouse case went viral earlier this week after getting caught face-palming while one of the state’s main witnesses made a huge admission.

Gaige Grosskreutz is a key witness for the prosecution, but when he took the stand, he delivered just one statement that many have said should end the trial against Rittenhouse.

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The defense lawyer asked Grosskreutz: “It wasn’t until you pointed your gun at him, advanced on him, with your gun – now your hand’s down in the video, pointed at him – that he fired, right?”

Grosskreutz replied: “Correct.”

When the camera turned to the prosecutors, one of the state’s lawyers was literally hiding his face in his hands.

“I was never trying to kill the defendant,” Grosskreutz testified at one point. “In that moment, I was trying to preserve my own life. But doing so while also taking the life of another is not something that I’m capable of or comfortable doing.”

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Grosskreutz parents filed a $10 million negligence claim against the city of Kenosha and Kenosha County.

WATCH:

From NPR:

In cross-examination, they emphasized Grosskreutz’s Glock pistol — which was in his hand at the moment Rittenhouse shot him — and proximity to Rittenhouse, just about three feet, at the time of the shooting. Grosskreutz said he was not intentionally pointing the weapon at Rittenhouse.

Grosskreutz, a paramedic from Milwaukee, had attended dozens of Black Lives Matter demonstrations that summer, acting as a medic and legal observer. He carried medical supplies, made livestreams of the events and wore a hat that read “paramedic.”

Grosskreutz was also carrying his handgun holstered in the small of his back. His conceal-carry permit was expired at the time — which Grosskreutz said in testimony that he was unaware of that night.

Grosskreutz was roughly a block away from Rittenhouse when he first heard the gunshots — the sound of Rittenhouse shooting and killing Joseph Rosenbaum. As a medic, Grosskreutz ran toward the sound, rather than away, he said.

But then he encountered Rittenhouse. Hearing shouts from the crowd that Rittenhouse had just shot somebody, Grosskreutz decided to run in the same direction Rittenhouse was headed.

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Rittenhouse, who stands accused of murdering two people during rioting in Kenosha, Wis., last year, while wounding a third man, has a significant chance to successfully defend his claim of self-defense under the state’s laws, according to experts.

According to Wisconsin law, deadly force is allowed only if “necessary to prevent imminent death or great bodily harm.”

The law in Wisconsin doesn’t require anyone to retreat first before using deadly force.

Andrew Branca, a Colorado lawyer, believes that Rittenhouse has a strong defense and will be acquitted on the merits of that defense. However, he added, there are no guarantees in trials.

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