OPINION: This article may contain commentary which reflects the author's opinion.
Judge Bruce Schroeder has given Kyle Rittenhouse a gigantic victory in his murder trial.
Schroeder ruled in favor of the defense’s request to have a firearms charge against Rittenhouse dismissed in Kenosha County Court on Monday morning.
Schroeder made it clear a few times last week that he was skeptical of the weapons charge, saying that the Wisconsin statute was unclear about exceptions for those over 16 years old but under 18 years old if the gun were a long-barreled rifle.
Breitbart reported:
On Monday, as lawyers for the prosecution and the defense argued over the final draft of the jury instructions, the defense again raised the issue of the weapons charge, noting that the gun had been measured in court and that the police detective on the witness stand had confirmed that it was not short-barreled.
The judge then indicated that the gun ought to be measured. “If the barrel length is less than 16 inches, or an overall less than 26 inches, then I’ll deny the [defense] motion; if it does not meet those specifications, then the defense motion will be granted,” the judge said.
“We are not disputing that the barrel length is appropriate,” prosecutor James Kraus said, in a defeated tone, effectively admitting the rifle was not short barrel.
Judge Schroeder dismissed the charge. The remaining charges concern murder and attempted murder. Critics have opined that Rittenhouse’s argument that he acted in self-defense would defeat those charges and that the weapons charge posed the only serious chance of a conviction — if the statute applied.
That's it. With the gun charge tossed, Kyle Rittenhouse should walk free on the basis of self-defense.
WATCH: Judge Dismisses Weapons Charge Against Kyle Rittenhouse https://t.co/52GvL2Swr6 via @BreitbartNews
— Joel Pollak (@joelpollak) November 15, 2021
BREAKING: Judge dismisses gun charge against Kyle Rittenhouse (Possess Dangerous Weapon-Person < 18)
Rittenhouse now face 5 counts.#KyleRittenhouse
— Kristen Barbaresi (@KristenBarbar) November 15, 2021
Rittenhouse took the stand last week in his murder trial and became emotional while testifying.
Rittenhouse’s team continued to make its case in court and called additional witnesses for testimony.
“Over my shoulder and Mr. Rosenbaum — Mr. Rosenbaum was now running from my right side. And I was cornered from in front of me with Mr. Ziminski, and there were — there were people right there — that why I run,” Rittenhouse testified while becoming very emotional.
Judge Bruce Schroeder stepped in and said: “We’re going to just take time for our break anyway. You can just relax from the answer. We’re going to take a break about ten minutes, and please don’t talk about the case during the break.”
WATCH:
Members of the jury reportedly were very empathetic towards Rittenhouse.
#KyleRIttenhouse – Pool reporter in court: "When jurors walked by Rittenhouse after the judge called a recess to allow him to regain his composure, many looked up at him in apparent sympathy as he continued to cry. " @LawCrimeNetwork pic.twitter.com/cYBhkbt23D
— Cathy Russon (@cathyrusson) November 10, 2021
Last Tuesday, Judge Schroeder dismissed a curfew citation charge against 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.
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.
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.”
Grosskreutz parents filed a $10 million negligence claim against the city of Kenosha and Kenosha County.
WATCH:
Rittenhouse trial should be over immediately. pic.twitter.com/PHZnHS5rD9
— Viva Frei (@thevivafrei) November 8, 2021
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.
