OPINION: This article may contain commentary which reflects the author's opinion.
A prosecutor in the Kyle Rittenhouse case went viral 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.”
Rittenhouse appeared to acknowledge the moment with a sigh of relief as the camera turned to him.
But 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
JUST IN – Kyle Rittenhouse didn't shoot until a gun was pointed at him, one of his attackers just admitted in court. pic.twitter.com/PBOr0D6xc5
— Disclose.tv (@disclosetv) November 8, 2021
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.
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.
Fox News reported that Rittenhouse, seen in viral videos posted online last summer shooting firing his AR-15 rifle at protesters who were attacking him with objects including one who appeared to club the then-17-year-old with a skateboard, is scheduled to go on trial Monday.
Legal experts say under Wisconsin law he has a strong case. What’s less clear is whether prosecutors will be able to persuade the jury that Rittenhouse created a deadly situation by showing up in Kenosha with an AR-style semiautomatic rifle — and that in doing so he forfeited his claim to self-defense.
The teen faces six counts including murder charges in the Aug. 25, 2020, deaths of Joseph Rosenbaum and Anthony Huber.
According to Wisconsin law, deadly force is allowed only if “necessary to prevent imminent death or great bodily harm.” The law also provides two standards for juries to meet.
“First, they have to decide if Rittenhouse really believed he was in peril. Hindsight may show he was wrong. But did he sincerely believe it at the time?” Fox News reported. “Next, they must determine if Rittenhouse’s belief was objectively ‘reasonable.’ To make that call, jurors will be instructed to consider whether any reasonable person in Rittenhouse’s shoes would have also felt they had no choice but to shoot.”
The law in Wisconsin doesn’t require anyone to retreat first before using deadly force.
Also, some legal experts said it doesn’t matter why Rittenhouse went to Kenosha, only whether or not he had a legal right to shoot others to defend himself.
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.
