Judge dismisses gun charge against Kyle Rittenhouse

Stacey Wescott / Chicago Tribune
Activist with various signs face off on the stairs of the Kenosha County Courthouse on Nov. 15, 2021 in Kenosha.
Sean Krajacic/The Kenosha News
From left, Kariann Swart, Joseph Rosenbaum's fiancee, Susan Hughes, Anthony Huber's great aunt, and Hannah Gittings, Anthony Huber's girlfriend, listen as Kyle Rittenhouse is found not guilty on all counts at the Kenosha County Courthouse on Nov. 19, 2021.
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Lamar Whitfield hands out free slices of pizza after the man in the back holding the sign, bought nine pan pizzas for everyone in the crowd outside of the Kenosha County Courthouse on the second day of jury deliberations in the Kyle Rittenhouse case on Nov. 17, 2021, in Kenosha, Wisconsin.
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Jesse Kline, a former Ferguson police officer who was fired after he was charged in 2018 with stalking his ex-girlfriend and threatening her with a gun, arrives with his dog and a what appears to be a long gun case outside of the Kenosha County Courthouse on Nov. 18, 2021, in Wisconsin.
Sean Krajacic/The Kenosha News
Judge Bruce Schroeder makes a last-minute change to how jury instructions would be received by the jury during Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha on Nov. 15, 2021.
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Kyle Rittenhouse hands his mother Wendy Rittenhouse a bottle of water before the start of his trial at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 9, 2021.
E. Jason Wambsgans / Chicago Tribune
Activist Vaun Mayes, center, confronts Kyle Rittenhouse supporters on the steps of the Kenosha County Courthouse after Rittenhouse was found not guilty of all charges in his murder trial, Nov. 19, 2021.
Mark Hoffman/Milwaukee Journal-Sentinel
A supporter of Jacob Blake tries to block the sign being held by a supporter of Kyle Rittenhouse outside the Kenosha County Courthouse on Nov. 1, 2021.
Armando L. Sanchez / Chicago Tribune
Members of the press, attendees, and activists interview Mark McCloskey, outside the Kenosha County Courthouse during the third day of jury deliberations in the Kyle Rittenhouse trial Thursday Nov. 18, 2021 in Kenosha,. McCloskey, a St. Louis personal injury lawyer and candidate for senate in Missouri, gained national attention after he and his wife waved guns at racial injustice protesters who marched near their home last summer.
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Richard "Richie" McGinniss, chief video director of The Daily Caller, reacts while watching video he took on Aug. 25, 2020, of Joseph Rosenbaum dying as he testifies during the Kyle Rittenhouse trial at the Kenosha County Courthouse on Nov. 4, 2021.
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Activists line up across the steps of the the Kenosha County Courthouse as the jury deliberates about the fate of Kyle Rittenhouse on Nov. 16, 2021, in Kenosha.
Mark Hertzberg / AP
Kyle Rittenhouse listens to defense attorneys Mark Richards and Corey Chirafisi during Rittenhouse's trial at the Kenosha County Courthouse in Wisconsin on Nov. 5, 2021.
Sean Krajacic/The Kenosha News
Dominick Black looks at a photograph held by Assistant District Attorney Thomas Binger, in which he along with Kyle Rittenhouse and a group of others posed on Aug. 25, 2020. Black was testifying during Rittenhouse's trial at the Kenosha County Courthouse on Nov. 2, 2021.
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Kenosha County sheriff's deputies watch activists outside of the the Kenosha County Courthouse as the jury deliberates about the fate of Kyle Rittenhouse on Nov. 16, 2021, in Kenosha.
Armando L. Sanchez / Chicago Tribune
Will Phelps, 26, is slammed on the ground after attempting to break up a fight that broke out outside the Kenosha County Courthouse during the second day of jury deliberations in the Kyle Rittenhouse trial on Nov. 17, 2021, in Kenosha, Wis. C
Stacey Wescott / Chicago Tribune
People face off as they disagree about Kyle Rittenhouse, Black Lives Matters, systemic racism and several other issues on the steps of the Kenosha County Courthouse on the first day of Kyle Rittenhouse's murder trial on Nov. 1, 2021, in Kenosha.
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Kenosha police officers Ben Antaramian, left, and Martin Howard carry evidence, including Kyle Rittenhouse's AR-15 rifle into the courtroom, during the Kyle Rittenhouse trial at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 8, 2021.
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Kyle Rittenhouse's mother, Wendy Rittenhouse, left, listens as the charges against him are read at the start of jury selection in Kenosha Circuit Court on Nov. 1, 2021.
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Jennifer Pierce-Miller, right, covers the sign of Emily Cahill, left, as people with opposing views argue outside the Kenosha County Courthouse as the jury deliberates about the Kyle Rittenhouse case on Nov. 16, 2021 in Kenosha, Wisconsin.
Sean Krajacic/The Kenosha News
Judge Bruce Schroeder speaks to the attorneys about how the jury will view evidence as they deliberate during Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha on Nov. 17, 2021.
Sean Krajacic/The Kenosha News
Assistant District Attorney Thomas Binger holds Kyle Rittenhouse's gun as he gives the state's closing argument in Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha,on Nov. 15, 2021.
E. Jason Wambsgans / Chicago Tribune
Tempers briefly flare on the steps of the Kenosha County Courthouse after Rittenhouse was found not guilty of all charges in his murder trial, Nov. 19, 2021.
Stacey Wescott / Chicago Tribune
Journalists in the media room listen as Judge Schroeder and the attorneys discuss the merit of the jurors being allowed to view drone footage on TV at the Kenosha County Courthouse on the second day of jury deliberations in the Kyle Rittenhouse case on Nov. 17, 2021 in Kenosha, Wisconsin.
Sean Krajacic/The Kenosha News
Mark Richards, the lead attorney for Kyle Rittenhouse, right, takes a deep breath and exhales before the start of the trial at the Kenosha County Courthouse in Kenosha on Nov. 4, 2021.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse, left, listens to his attorney, Mark Richards, as he takes the stand during his trial at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 10, 2021.
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Susan Hughes, the great aunt of Anthony Huber, and Hannah Gittings, the girlfriend of Anthony Huber, are escorted to their cars following the full acquittal of Kyle Rittenhouse on Nov. 19, 2021 in Kenosha, Wisconsin.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse's mother, Wendy, center left, and his sister, McKenzie, center right, embrace as the judge lets the court out for a lunch break during the trial at the Kenosha County Courthouse on Nov. 4, 2021 in Kenosha.
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Activist Jill Ferguson of Milwaukee stands outside of the Kenosha County Courthouse on Nov. 15, 2021, in Kenosha.
Stacey Wescott / Chicago Tribune
People gather outside the Kenosha County Courthouse to voice opinions about the trial of Kyle Rittenhouse on the day of closing statements in Kenosha on Nov. 15, 2021.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse speaks with Corey Chirafisi before the defense gives opening statements to the jury at the Kenosha County Courthouse in Kenosha on Nov. 2, 2021.
Sean Krajacic / AP
Kyle Rittenhouse, third from left, stands with his legal team, from left, Mark Richards, Corey Chirafisi and Natalie Wisco as the jury leaves the room for the day at the Kenosha County Courthouse in Kenosha on Nov. 5, 2021.
Stacey Wescott / Chicago Tribune
David Graham of Mansfield, Ohio, holds a sign of unity outside of the Kenosha County Courthouse as the jury deliberates about the fate of Kyle Rittenhouse on Nov. 16, 2021 in Kenosha, Wisconsin. "I'm not taking a position on this. I'm just really praying that this doesn't end up with fire and tear gas."
Mark Hertzberg/ZUMA Press Wire/AP
Defense attorney Mark Richards gets Gaige Grosskreutz's handgun from Kenosha police Detective Ben Antaramain before he questions Officer Brittni Bray during Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha on Nov. 11, 2021.
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Wrapped in a red anti-Biden flag, Brian McGinnis argues with activists in front of the Kenosha County Courthouse on the second day of jury deliberations in the Kyle Rittenhouse case on Nov. 17, 2021, in Kenosha, Wisconsin.
Mark Hertzberg/ZUMA Press Wire/AP
Defense attorney Corey Chirafisi, left, Judge Bruce Schroeder and Kyle Rittenhouse look at a video screen as attorneys for both sides argue about a video during Rittenhouse's trial at the Kenosha County Courthouse on Nov. 12, 2021.
Charles Rex Arbogast/AP
Members of the media monitor the trial of Kyle Rittenhouse in an overflow room at the Kenosha County Courthouse on Nov. 15, 2021.
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A Kenosha County Sheriff's deputy watches activists from the vestibule of the Kenosha County Courthouse as the jury deliberates about the Kyle Rittenhouse case on Nov. 16, 2021.
Stacey Wescott / Chicago Tribune
People with opposing views share the stairs of the Kenosha County Courthouse as the jury deliberates about the fate of Kyle Rittenhouse on Nov. 16, 2021 in Kenosha, Wisconsin.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse walks into court for the start of jury selection on the first day of his trial in Kenosha on Nov. 1, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha last year.
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Emily Cahill of Plainfield, Illinois holds a sign out the window of her pick-up truck celebrating the acquittal of Kyle Rittenhouse near the Kenosha County Courthouse on Nov. 19, 2021 in Kenosha, Wisconsin.
Armando L. Sanchez / Chicago Tribune
A person is detained by police across the street the Kenosha County Courthouse during the third day of jury deliberations in the Kyle Rittenhouse trial Thursday Nov. 18, 2021, in Kenosha.. Carrying an AR-15-style rifle Rittenhouse fatally shot Joseph Rosenbaum and Anthony Huber and wounded Gaige Grosskreutz during the third night of unrest in Kenosha in August 2020 following the police shooting of Jacob Blake.
Mark Hertzberg/ZUMA press
Kyle Rittenhouse looks toward his family during a break in jury selection on the first day of jury selection on Nov. 1, 2021 in Kenosha.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse, center, pulls out his chair for a meeting with Judge Bruce Schroeder called during his trial at the Kenosha County Courthouse in Kenosha on Nov. 18, 2021.
Stacey Wescott / Chicago Tribune
Joseph Rosenbaum's fiancee, Kariann Swart, left, Anthony Huber's girlfriend, Hannah Gittings, center, and Anthony Huber's great-aunt, Susan Hughes, right, watch activists as the trio exit the Kenosha County Courthouse as the jury deliberates about the fate of Kyle Rittenhouse on Nov. 16, 2021 in Kenosha, Wisconsin.
Mark Hertzberg/POOL/AP
Gaige Grosskreutz explains how to properly irrigate someone's eye after they have been pepper-sprayed, while he testifies about being shot in the right bicep, during the Kyle Rittenhouse trial at the Kenosha County Courthouse in Kenosha Nov. 8, 2021. Asked what was going through his mind, Grosskreutz said, "That I was going to die."
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An unidentified man from Pleasant Prairie, center right, embraces BLM activist Clyde McLemore outside of the Kenosha County Courthouse on the second day of jury deliberations in the Kyle Rittenhouse case on Nov. 17, 2021, in Kenosha, Wisconsin. The man showed up with a sign that read "A lot of things are going quite well" which attracted criticism from Black activists but after a calm discussion, the man put on a "Black Fathers Matter" t-shirt and bought the crowd nine pan pizzas. People from all points-of-view gathered, prayed and ate together in a moment of unity.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse points and names people in a photograph taken on the night of Aug. 25, 2020, as he testifies during his trial at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 10, 2021.
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Shay Cornelius leads protesters on the steps of the Kenosha County Courthouse on the second day of jury deliberations in the Kyle Rittenhouse case on Nov. 17, 2021, in Kenosha, Wisconsin.
Stacey Wescott / Chicago Tribune
A person in support of Kyle Rittenhouse celebrates the acquittal of Kyle Rittenhouse outside of the Kenosha County Courthouse on Nov. 19, 2021 in Kenosha, Wisconsin.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse pulls numbers of jurors out of a tumbler during his trial at the Kenosha County Courthouse on Nov. 16, 2021. The jurors selected through this process will not participate in deliberations.
Stacey Wescott / Chicago Tribune
Mark McCloskey, a Missouri Republican candidate for U.S. Senate, and his wife, Patricia stand outside the Kenosha County Courthouse to show support for Kyle Rittenhouse on the day of closing statements for the trial of Rittenhouse in Kenosha on Nov. 15, 2021. Mark and Patricia McCloskey gained notoriety after they were filmed holding firearms outside their St. Louis home in a gated community during a Black Lives Matter protest march.
Armando L. Sanchez / Chicago Tribune
A person who said "I'm here to antagonize Black Lives Matter" stands outside the Kenosha County Courthouse during the third day of jury deliberations in the Kyle Rittenhouse trial on Nov. 18, 2021, in Kenosha.
Sean Krajacic/The Kenosha News
Judge Bruce Schroeder, right, reprimands Assistant District Attorney Thomas Binger, left, in his conduct in line of questioning while cross-examining Kyle Rittenhouse during the trial at the Kenosha County Courthouse in Kenosha on Nov. 10, 2021.
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Wendy Rittenhouse, mother of Kyle Rittenhouse, arrives inside the Kenosha County Courthouse after passing through the security screening on Nov. 1, 2021.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse, center, looks at a computer screen with his attorneys Natalie Wisco, left, and Corey Chirafisi during his trial at the Kenosha County Courthouse on Nov. 11, 2021.
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Hannah Gittings, the late Anthony Huber's girlfriend, right, cries after Kyle Rittenhouse is found not guilty on all counts at the Kenosha County Courthouse on Nov. 19, 2021, in Kenosha, Wisconsin.
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Kyle Rittenhouse arrives at the Kenosha County Courthouse for jury selection in his trial, where he faces counts of felony homicide and felony attempted homicide, on Nov. 1, 2021, in Kenosha.
Sean Krajacic/The Kenosha News
Judge Bruce Schroeder, right, listens as the verdicts are ready by Judicial Assistant Tami Mielcarek in Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 19, 2021. The jury came back with its verdict after close to 3 1/2 days of deliberation.
Mark Hertzberg/POOL/AP
Defense attorney Corey Chirafisi shows how Gaige Grosskreutz pulled his Glock handgun from his waistband as he cross-examines shooting victim Grosskreutz during the Kyle Rittenhouse trial at the Kenosha County Courthouse in Kenosha Nov. 8, 2021.
Stacey Wescott / Chicago Tribune
Shequila Morrison, Justin Blake, Tanya McLean, Bishop Tavis Grant, and Vaun Mayes listen as the verdict is read in the Kyle Rittenhouse murder trial, outside of the Kenosha County Courthouse on Nov. 19, 2021 in Kenosha, Wisconsin. Rittenhouse was acquitted of all charges.
Mark Hertzberg/ZUMA Press Wire
Kenosha police detectives Ben Antaramian, left, and Martin Howard make sure Kyle Rittenhouse's rifle is not loaded before it is used as a defense exhibit during Rittenhouse's trial at the Kenosha County Courthouse in Kenosha on Nov. 11, 2021.
Armando L. Sanchez / Chicago Tribune
Wearing a military uniform, Seth Warichak, 20, holds a sign outside the Kenosha County Courthouse during the third day of jury deliberations in the Kyle Rittenhouse trial on Nov. 18, 2021, in Kenosha.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse breaks down on the stand as he testifies about his encounter with the late Joseph Rosenbaum during his trial at the Kenosha County Courthouse in Kenosha on Nov. 10, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year.
Sean Krajacic/The Kenosha News
Mark Richards, lead attorney for Kyle Rittenhouse, left, with help from Kenosha Police Department Detective Ben Antaramian, right, gets help demonstrating how the Joseph Rosenbaum could have gotten shot in the hand by Kyle Rittenhouse as Dr. Douglas Kelley, a forensic pathologist with the Milwaukee County Medical Examiner's Office, center, testifies at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 9, 2021.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse, right, looks on as the jury is let out of the room during a break during his trail at the Kenosha County Courthouse on Nov. 15, 2021.
Mark Hertzberg/ZUMA press
Richard "Richie" McGinniss, chief video director for the Daily Caller, describes the fatal shooting of Joseph Rosenbaum by Kyle Rittenhouse during Rittenhouse's trial on Nov. 4, 2021, in Kenosha.
Sean Krajacic/The Kenosha News
Kenosha police Officer Pep Moretti testifies as to why he didn't arrest Kyle Rittenhouse on the night of Aug. 25, 2020, during Rittenhouse's trial at the Kenosha County Courthouse in Wisconsin on Nov. 5, 2021.
Mark Hertzberg/ZUMA press
Kenosha police Detective Ben Antaramian carries boxes with rifles before the prosecution case is presented during the Kyle Rittenhouse trial at the Kenosha County Courthouse on Nov. 2, 2021.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse puts his hand over his face after he is found not guilty on all counts at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 19, 2021. The jury came back with its verdict after close to 3 1/2 days of deliberation.
Stacey Wescott / Chicago Tribune
Activist Jennifer Pierce-Miller, of Calion, Arkansas, argues with Kenosha resident Ken Turner outside the Kenosha County Courthouse on Nov. 15, 2021 in Kenosha, Wisconsin. Pierce-Miller believes Rittenhouse should be convicted. Turner said he came out "to see what's up. You got to stand up for what you believe in."
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Justin Blake, Bishop Tavis Grant and Tanya McLean speak with the media following the the verdict in the Kyle Rittenhouse murder trial, outside of the Kenosha County Courthouse on Nov. 19, 2021 in Kenosha, Wisconsin.
Mark Hertzberg/POOL/AP
Defense attorney Corey Chirafisi shows how Gaige Grosskreutz pulled his Glock handgun from his waistband as he cross-examines shooting victim Grosskreutz during the Kyle Rittenhouse trial at the Kenosha County Courthouse in Kenosha Nov. 8, 2021.
SEAN KRAJACIC/AP
Kenosha police Officer Brittni Brey identifies shell casings found at the scene where Gaige Grosskreutz was shot by Kyle Rittenhouse on Aug. 25, 2020, while testifying in Rittenhouse's trial on Nov. 11, 2021.
Stacey Wescott / Chicago Tribune
Pro-Kyle Rittenhouse activists, Steve Stewart, left, and Emily Cahill, right, stand outside of the Kenosha County Courthouse on the second day of jury deliberations, Nov. 17, 2021, in Kenosha, Wisconsin.
Sean Krajacic/The Kenosha News
Dr. Douglas Kelley, a forensic pathologist with the Milwaukee County Medical Examiner's Office, talks about the gunshot wound found on Joseph Rosenbaum's hand as he testifies in Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 9, 2021.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse closes his eyes and cries as he is found not guilty on all counts at the Kenosha County Courthouse in Kenosha, Wisconsin on Nov. 19, 2021.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse, bottom left, looks back to the gallery while speaking with one of his attorneys, Corey Chirafisi, before his side gives opening statements to the jury at the Kenosha County Courthouse on Nov. 2, 2021.
Stacey Wescott / Chicago Tribune
Matt McGinnis celebrates a full acquittal for Kyle Rittenhouse outside the Kenosha County Courthouse on Nov. 19, 2021 in Kenosha, Wisconsin.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse, center, stands with his attorneys, from left, Mark Richards, Corey Chirafisi and Natalie Wisco, before viewing video during proceedings at the Kenosha County Courthouse in Kenosha on Nov. 12, 2021.
Stacey Wescott / Chicago Tribune
People face off on the steps of the Kenosha County Courthouse as the jury deliberates about the fate of Kyle Rittenhouse on Nov. 16, 2021, in Kenosha.
Mark Hertzberg/ZUMA Press Wire
Kenosha police Detective Ben Antaramian discusses evidence with defense attorney Mark Richards, not visible, before the day's start in Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha on Nov. 11, 2021.
Mark Hertzberg/ZUMA press/AP
Defense jury expert Jo-Ellan Dimitrious, left, confers with Kyle Rittenhouse and defense attorneys Natalie Wisco, Corey Chirafisi and Mark Richards during Rittenhouse's trial at the Kenosha County Courthouse on Nov. 2, 2021.
Stacey Wescott / Chicago Tribune
A woman walks into work outside of the Kenosha County Courthouse on the first day of Kyle Rittenhouse's murder trial on Nov. 1, 2021, in Kenosha. Rittenhouse is charged with five felonies and a misdemeanor, including two counts of first-degree intentional homicide for the killing of Anthony Huber and Joseph Rosenbaum.
Stacey Wescott / Chicago Tribune
Charles Reed, of Milwaukee, left, gets angry at David Graham outside of the Kenosha County Courthouse on the second day of jury deliberations in the Kyle Rittenhouse case, Nov. 17, 2021, in Kenosha, Wisconsin.
E. Jason Wambsgans / Chicago Tribune
Crowds linger on the steps of the Kenosha County Courthouse after Rittenhouse was found not guilty of all charges in his murder trial, Nov. 19, 2021.
Stacey Wescott / Chicago Tribune
Kenosha County sheriff's deputies keep watch as Jesse Kline walks with his dog and a what appears to be a long gun case outside the doors of the Kenosha County Courthouse on the third day of jury deliberations in the Kyle Rittenhouse case on Nov. 18, 2021, in Kenosha/.
Stacey Wescott / Chicago Tribune
People face off on the steps of the Kenosha County Courthouse as the jury deliberates about the fate of Kyle Rittenhouse on Nov. 16, 2021, in Kenosha.
Sean Krajacic/The Kenosha News
Mark Richards, lead attorney for Kyle Rittenhouse, shows a photograph with Rittenhouse, second from right, along with Dominic Black, right, from the evening of Aug. 25, 2020, as he cross-examines Black during Rittenhouse's trial in Kenosha on Nov. 2, 2021.
Mark Hertzberg/ZUMA press
Assistant District Attorney Thomas Binger, left, Judge Bruce Schroeder, center, and defense attorney Mark Richards hold a sidebar conference during a break in jury selection on the first day of the Kyle Rittenhouse murder trial on Nov. 1, 2021.
Sean Krajacic/The Kenosha News
James Armstrong, of the state crime lab, points to drone video he digitally enlarged during Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 9, 2021.
Sean Krajacic/The Kenosha News
Dominick Black, left, identifies the rifle Kyle Rittenhouse used on Aug. 25, 2020, during Rittenhouse's trial at the Kenosha County Courthouse on Nov. 2, 2021.
Stacey Wescott / Chicago Tribune
Ebony Anderson, of Madison, left, faces off with Emily Cahill, of Plainfield, right, as people with opposing views argue outside the Kenosha County Courthouse as the jury deliberates about the fate of Kyle Rittenhouse on Nov. 16, 2021 in Kenosha, Wisconsin.
SEAN KRAJACIC/AP
Corey Chirafisi, an attorney for Kyle Rittenhouse, third from left, tells the court that he plans to file for a mistrial after a lunch break at the Kenosha County Courthouse in Kenosha on Nov. 10, 2021.
Stacey Wescott / Chicago Tribune
Adante Jordan, of Milwaukee, protests on the steps of the Kenosha County Courthouse on the first day of Kyle Rittenhouse's murder trial, Nov. 1, 2021, in Kenosha.
Stacey Wescott / Chicago Tribune
Gaige Grosskreutz, wearing white sunglasses, arrives at Kenosha County Courthouse on the sixth day of the Kyle Rittenhouse murder trial on Nov. 8, 2021, in Kenosha. Grosskreutz was shot trying to stop the Rittenhouse from fleeing the scene after killing two men.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse's mother, Wendy Rittenhouse, reacts as her son is found not guilty on all counts at the Kenosha County Courthouse on Nov. 19, 2021.
Mark Hertzberg/ZUMA Press Wire
Kyle Rittenhouse looks at video of himself on the night of the shootings during cross examination during Rittenhouse's trial at the Kenosha County Courthouse in Kenosha on Nov. 10, 2021.
Stacey Wescott / Chicago Tribune
A man identifying himself as "Maserati Mike" carries a bullhorn and plays music as he walks through the crowd gathered outside the Kenosha County Courthouse on the second day of jury deliberations in the Kyle Rittenhouse case on Nov. 17, 2021 in Kenosha, Wisconsin. Earlier this morning, he showed up with a long rifle but had to put it away.
Sean Krajacic/The Kenosha News
Mark Richards, Kyle Rittenhouse's lead attorney, left, and Kenosha Police Department Detective Ben Antaramian, center, look at the weapon Rittenhouse used on the night of Aug. 25, 2020, during the trial at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 9, 2021.
SEAN KRAJACIC / AP
Judge Bruce Schroeder reads a note from a juror before the start of the Rittenhouse trial at the Kenosha County Courthouse in Kenosha on Nov. 5, 2021.
SEAN KRAJACIC / AP
Kyle Rittenhouse hugs his attorney, Corey Chirafisi, after he is found not guilty on all counts at the Kenosha County Courthouse, Nov. 19, 2021.
Stacey Wescott / Chicago Tribune
Wendy Rittenhouse, right, mother of Kyle Rittenhouse, and his sister, McKenzie Rittenhouse, enter the Kenosha County Courthouse on the first day of his murder trial on Nov. 1, 2021, in Kenosha.
Mark Hertzberg/POOL/AP
Defense attorney Corey Chirafisi cross-examines shooting victim Gaige Grosskreutz during the Kyle Rittenhouse trial at the Kenosha County Courthouse in Kenosha Nov. 8, 2021. He has often been seen taking notes during testimony.
Mark Hertzberg/AP
Circuit Judge Bruce Schroeder examines photographs taken by freelance photographer Nathan DuBruin from the night of the unrest in Kenosha on August 25, 2020, during the Kyle Rittenhouse trial in Kenosha Circuit Court.
Mark Hertzberg/POOL/AP
Kenosha police officer Ben Antaramian shows the jury a tear gas canister that Gaige Grosskreutz testified he picked up out of the street before he was shot by Kyle Rittenhouse during the Rittenhouse trial at the Kenosha County Courthouse in Kenosha Nov. 8, 2021. Video of the shooting was shown on courtroom monitors.
Sean Krajacic/The Kenosha News
Mark Richards, Kyle Rittenhouse's lead attorney, demonstrates how Rittenhouse used his gun as he gives his closing argument during Rittenhouse's trial at the Kenosha County Courthouse in Kenosha on Nov. 15, 2021.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse looks back as attorneys argue about the charges that will be presented to the jury during proceedings at the Kenosha County Courthouse in Kenosha on Nov. 12, 2021.
Sean Krajacic/The Kenosha News
Kyle Rittenhouse listens as the Judge Bruce Schroeder talks about how the jury will view video during deliberations in Kyle Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Nov. 17, 2021.
Sean Krajacic/The Kenosha News
Mark Richards, Kyle Rittenhouse's lead attorney, points out the late Joseph Rosenbaum in a video while giving his closing argument during Rittenhouse's trial at the Kenosha County Courthouse in Kenosha on Nov. 15, 2021.
Mark Hertzberg/ZUMA press
Richard "Richie" McGinniss, chief video director for The Daily Caller, testifies during Kyle Rittenhouse's trial at the Kenosha County Courthouse on Nov. 4, 2021.
SEAN KRAJACIC / AP
Judge Bruce Schroeder, right, listens as the verdicts are ready by Judicial Assistant Tami Mielcarek in Kyle Rittenhouse's trial at the Kenosha County Courthouse on Nov. 19, 2021. The jury came back with its verdict after close to 3 1/2 days of deliberation.

By Christy Gutowski | cmgutowski@chicagotribune.com | Chicago Tribune and Stacy St. Clair | sstclair@chicagotribune.com | Chicago Tribune

PUBLISHED: November 15, 2021 at 6:34 p.m. | UPDATED: November 19, 2021 at 10:43 p.m.

A Kenosha County judge handed a huge win to Kyle Rittenhouse’s defense team before closing arguments when he dismissed a misdemeanor gun charge against the teen.

Legal experts had considered the misdemeanor gun charge — which carries up to nine months in jail — to be the easiest charge for the state to prove.

Ahead of Monday’s closing arguments, Judge Bruce Schroeder ruled Wisconsin’s open carry law is so confusingly written it can be interpreted to mean 17-year-olds can openly carry firearms as long as they’re not short-barrel rifles. He believed the jury could only convict if prosecutors proved the barrel of Rittenhouse’s rifle was less than 16 inches and has an overall length shorter than 26 inches.

The AR-15-style rifle Rittenhouse used to fatally shoot two men and injure a third is 35 inches long with a barrel length of 16 inches. Under defense questioning, a Kenosha police detective said he believed the Smith & Wesson M&P 15 was standard size.

The judge’s decision stunned prosecutors, who argued his interpretation of the law does not make sense. Under the judge’s interpretation, it would be illegal for a 17-year-old to carry brass knuckles in Wisconsin but permissible to carry a semi-automatic rifle.

“There’s no ambiguity,” Assistant District Attorney James Kraus told the judge Friday. “It is very clear that (17-year-olds) are not to possess dangerous weapons.”

The state law says “any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.” It defines a dangerous weapon as any “firearm, loaded or unloaded,” as well as metallic knucks, nunchaku, pointed stars and other items.

Rittenhouse’s defense team, however, successfully argued that there was a loophole in the law that says the misdemeanor only applies to 17-year-olds carrying short-barrel rifles. Carrying a short-barrel rifle at any age in Wisconsin is a felony, with exceptions for active military and police officers.

Schroeder acknowledged the statute was confusing, likening it to the infamous Roman Emperor Caligula’s posting new laws high upon a column so his citizens could not study them.

“I’m still trying to figure out what it says, what is prohibited,” Schroeder said Friday before making his final decision. “Now I have the good fortune of having some experience and a legal education. How is your ordinary citizen supposed to acquaint herself with what this law says?”

Legal experts agreed the statute is poorly worded, but said the legislature’s intention was to give teenagers the legal right to hunt as long as they weren’t using short-barrel rifles or sawed-off shotguns. The judge could have recognized that fact and allowed the jury to consider the charge, said John Gross, director of the Public Defender Project at the University of Wisconsin Law School.

“I think the legislature just did a bad job and you have really, clumsy awkward wording,” Gross said. “But it would seem clear that this was about hunting and not about giving 17-year-olds the right to open carry.”

In a memorandum issued in 2018, the Wisconsin Legislative Council — a government-supported, nonpartisan legislative service agency — shared the prosecution’s understanding of the open carry law and made no mention of rifle size in its summary of the state’s firearm regulations.

“Under Wisconsin law, with certain exceptions for hunting, military service, and target practice, a person under age 18 is generally prohibited from possessing or going armed with a firearm,” the memorandum states.

If the judge had allowed jurors to consider the misdemeanor charge and they convicted Rittenhouse, he could have appealed the decision to a higher court. The prosecution, however, has no recourse to challenge Schroeder’s ruling.

“It’s a bit of a tough pill to swallow at this point in the case,” Gross said. “This was the only charge he (Rittenhouse) admitted to. This was really the only lock for the prosecution.”

In August 2020, Rittenhouse — a then-17-year-old from north suburban Antioch — volunteered to patrol downtown Kenosha amid turmoil surrounding the shooting of Jacob Blake, a Black man, by a white police officer. Carrying the rifle that police say a friend illegally purchased for him, Rittenhouse fatally shot Joseph Rosenbaum and Anthony Huber and injured Gaige Grosskreutz.

He has pleaded not guilty to all charges, claiming he fired his weapon in self-defense.

A Kenosha County jury was expected to begin deliberating in the case late Monday afternoon.

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