Saturday, July 23, 2022

Kyle Rittenhouse & Fearing for One's Life

Kyle Rittenhouse was on trial for murder. He killed two people and seriously wounded a third. 

According to trial testimony, the first person that Rittenhouse killed was Joseph Rosenbaum. I've heard various versions of what happened between Rittenhouse and Rosenbaum, and various descriptions of Rosenbaum as a troublemaker. But trial testimony established that Rittenhouse shot Rosenbaum four times after Rosenbaum lunged at him. 

The jury decided, as the defense claims, that Rittenhouse fired in self defense. I am unfamiliar with the specifics of Wisconsin law, although I am reasonably sure they don't have a version of a "Stand Your Ground" statute, so it's wasn't a sure thing either way. But is it self defense if you purposely put yourself in a position to provoke people to anger by walking around with a loaded weapon that you are prepared to use against people who are damaging property? Emotions were running hot in Kenosha and he inserted himself right into the middle of it. And "inserted" is the right word. This wasn't his city, it wasn't even his state. He got his mother to drive him across state lines and pick up his illegally obtained weapon because he was looking for trouble. And he found it. Trouble didn't find him. He actively sought out a dangerous situation and shot an unarmed man who he thought endangered him. Then he killed Anthony Huber, who was trying to detail and disarm him, who was also unarmed. Finally he shot and maimed Gaige Grosskreutz, who was armed and trying to stop him. The only reason he was able to shoot the Grosskreutz was that he was unable to pull the trigger and potentially kill Rittenhouse. 

The Kenosha Police Department wasn't on trial, yet their actions were as much to blame for the shootings as is Kyle Rittenhouse. Why, when arresting people for curfew violations, and knowing that the anger was just ready to bubble over into violence, did they allow openly armed vigilantes to roam the streets? And not only allow it, but encourage it?  

Rittenhouse got off. In my opinion it was overly broad self defense statutes that allowed his claim of self defense to stand. They're not much different in Wisconsin than anywhere else, but for the most part a claim that someone "feared for their life" is taken at face value. In the case of the first person that he shot, Rittenhouse claimed he was afraid that he would be killed by his own gun, that he testified that Rosenbaum was trying to take from him. In the case of his murder of Huber, he was apparently deathly afraid of a skateboard. He seemed to be completely unaware that he was being "attacked" because he had just KILLED SOMEONE! 

After the acquittal, instead of breathing a sigh of relief that he wouldn't be going to prison, he has become the darling of the gun lovers in the NRA and the Republican Party, spouting pro-gun rhetoric via his Twitter account and encouraging his supporters to justify his murder and maiming spree by pointing out the arrest history of his victims. 

The NRA crowd and its hangers-on don't see the inherent problem with this no-questions-asked "feared for my life" defense. Cops have been using it for as long as there have been cops, but now you start to see videos of aggressive, armed individuals screaming "I feel threatened" at people armed only with words. I'm not advocating unprovoked violence, but wouldn't a natural extension of this belief be for protestors to just proactively shoot any right wing counter-protester? 

After the Rittenhouse verdict, I'd certainly fear for my life if I saw any of those armed assholes at a protest.

No comments:

Post a Comment