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Rittenhouse attorney to challenge extradition to Wisconsin

Rittenhouse is accused of killing two men and wounding a third last month during protests in Kenosha, Wis.
Rittenhouse is accused of killing two men and wounding a third last month during protests in Kenosha, Wis.(Kyle Rittenhouse (Source: CNN)
Published: Sep. 25, 2020 at 6:12 AM CDT
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ANTIOCH, Ill. (WBAY) - A teen charged in the shootings of three people during unrest in Kenosha appeared before a judge in Illinois Friday where his attorney announced plans to challenge extradition to Wisconsin.

Kyle Rittenhouse, 17, is being held at a juvenile detention center in Illinois. He appeared at Friday morning’s hearing in video from the detention center. “Good morning your honor," were the only words spoken by the teen charged with homicide in Wisconsin.

Attorney John Pierce told the judge he intends to challenge extradition by writ of habeas corpus. That means Pierce wants a hearing before a judge in which the state presents reason for the detention of his client. Pierce says he needs time to review documents from Wisconsin and Illinois and then file his challenge. The judge gave Pierce until Oct. 8 to file the challenge and a court hearing was set for Oct. 9.

Pierce stated that the case is complex and will raise legal issues not seen in this country for “some time.”

Pierce also asked the judge to allow him to take a laptop into the detention center to review video evidence with Rittenhouse. The judge will make a ruling on a later date.

Rittenhouse is charged in Kenosha County with 1st Degree Intentional Homicide, 1st Degree Reckless Homicide, Attempted 1st Degree Intentional Homicide, 1st Degree Recklessly Endangering Safety and Possession of a Dangerous Weapon by a person under 18.

The teen traveled to Kenosha in late August after violence broke out on the streets in response to the police shooting of Jacob Blake. His attorneys have said Rittenhouse acted in self-defense.

PROSECUTION’S TIMELINE OF EVENTS

A criminal complaint obtained by Action 2 News charges Rittenhouse with intentionally killing Anthony M. Huber, 26, Silver Lake, and recklessly causing the death of Joseph D. Rosenbaum, 36, Kenosha.

Rittenhouse is accused of trying to kill Gaige P. Grosskreutz, and endangering the safety of Daily Caller reporter Richie McGinnis and an unknown male.

Events unfolded on the night of Tuesday, Aug. 25. At about 11:45 p.m., police were called to a report of a shooting at the northwest corner of 63rd St and Sheridan Road. Officers located gunshot victim Joseph Rosenbaum. He was taken to a hospital where he was declared dead.

Police reviewed several videos of the shooting. In the first video, Rittenhouse is seen running southwest across the eastern portion of a parking lot. He’s holding a long gun, which was later determined to be a Smith & Wesson AR-15 style .223 rifle. The magazine holds 30 rounds of ammunition. The video shows Rosenbaum following Rittenhouse and reporter McGinnis trailing behind them.

As they cross the parking lot, Rosenbaum “appears to throw an object at” Rittenhouse, according to the complaint. That object was later identified as a plastic bag.

Rosenbaum appears to be unarmed during the video. A second video show Rittenhouse and Rosenbaum moving across the parking lot. They approach the front of a car. A loud bang is heard. “Rosenbaum appears to continue to approach the defendant and gets in near proximity to the defendant when four more loud bangs are heard. Rosenbaum then falls to the ground,” reads the complaint.

Rittenhouse circles behind the car and approaches Rosenbaum, who is on the ground. Reporter Rich McGinnis removes his shirt and attempts to help Rosenbaum.

Rittenhouse gets on his cell phone and appears to place a call.

Rittenhouse turns and begins to run away from the scene. He can be heard saying, “I just killed somebody.”

Before the shooting, reporter Rich McGinnis had been interviewing Rittenhouse. He told investigators that Rittenhouse “was not handling the weapon very well.”

McGinnis stated he saw Rosenbaum “initially try to engage the defendant.” The reporter stated that Rosenbaum advanced and Rittenhouse did a “juke move” and started running. McGinnis says there “were other people that were moving very quickly.” He saw them moving towards Rittenhouse. He believed that Rittenhouse was “trying to evade these individuals,” reads the complaint.

As Rittenhouse reached the car in the parking not, he had the “gun in a low ready position.” It was raised but pointed down. McGinnis saw Rittenhouse bring the gun up and fire what he believed to be three rounds in rapid succession. The reporter stated the first round went into the ground. Rittenhouse aimed at Rosenbaum, who was unarmed. McGinnis said Rosenbaum “was trying to get the defendant’s gun.”

McGinnis said he was behind and slightly to the right of Rosenbaum and in the line of fire when Rittenhouse fired.

McGinnis stated that Rosenbaum “definitely made a motion that he was trying to grab the barrel of the gun.” McGinnis stated Rittenhouse pulled it away and raised it. Rittenhouse fired. McGinnis believed that Rosenbaum had leaned in toward Rittenhouse.

After Rittenhouse fired, he ran back toward the middle of the road, according to McGinnis. McGinnis heard shots “really soon after.”

A third video obtained by investigators shows Rittenhouse running north on Sheridan Road after shooting Rosenbaum.

The complaint reads, “The street and the sidewalk are full of people. A group of several people begin running northbound on Sheridan Road behind the defendant. A person can be heard yelling what sounds like, ‘beat him up!’ Another person can be heard yelling what sounds like, ‘Hey, he shot him!’”

A fourth video shows a different angle of Rittenhouse running north. A person in the video is heard yelling “Get him! Get that dude!” A man runs toward Rittenhouse and appears to swing at him with his right arm. Rittenhouse’s hat is knocked off. He continues running north.

A person can be heard saying, “What’d he do?” Another person responds, “Just shot someone.”

A voice yells “Get his ass!” Rittenhouse trips and falls to the ground.

A man later identified as Anthony Huber approaches Rittenhouse. Huber has a skateboard in his hand.

The complaint reads, “When Huber reaches the defendant it appears that he is reaching for the defendant’s gun with his left hand as the skateboard makes contact with the defendant’s left shoulder. Huber appears to be trying to pull the gun away from the defendant. The defendant rolls towards his left side and as Huber appears to be trying to grab the gun the gun is pointed at Huber’s body. The defendant then fires one round which can be heard on the video. Huber staggers away, taking several steps, then collapses to the ground.”

After shooting Huber, Rittenhouse moves to a seated position and points his gun at the approaching Gaige Grosskreutz. When Rittenhouse shoots Huber, Grosskreutz “freezes and ducks and takes a step back.”

Grosskreutz puts his hands in the air and moves towards Rittenhouse. Rittenhouse aims and fires at Grosskreutz, hitting him in the right arm.

“Grosskreutz appears to be holding a handgun in his right hand when he was shot,” reads the complaint. “Grosskreutz then runs southbound away from the defendant screaming for a medic and the defendant gets up and starts walking northbound.”

Rittenhouse turns around with the gun in a “ready position, pointed towards the people in the roadway.”

The Milwaukee County Medical Examiner’s Office autopsy found Rosenbaum was shot in the groin, the back, the left hand, and the left thigh. A bullet grazed his forehead.

Huber had a gunshot wound to his chest “that perforated his heart, aorta, pulmonary artery, and right lung.”

One of Rittenhouse’s friends stated that Rittenhouse had called him at 11:46 p.m. and said he killed someone.

RITTENHOUSE’S DEFENSE

Rittenhouse’s attorneys have made the case that their client is an “American patriot” who was defending the streets during violence in Kenosha. The Associated Press reports nearly $2 million has been raised for Rittenhouse’s defense fund.

An organization raising money for Rittenhouse’s defense released a video this week called “The Truth in 11 Minutes." They say it offers another look at the shooting that counters the prosecution’s timeline of events and makes the case that Rittenhouse acted in self-defense.

JACOB BLAKE INVESTIGATION

The Wisconsin Department of Justice continues to investigate the police shooting of Jacob Blake. Wisconsin Attorney General Josh Kaul has appointed retired Madison Police Chief Noble Wray to consult and review the investigative file.

The DOJ says they are in the final states of the investigation and will then provide findings to Wray. Wray will review the file and discuss it with Kenosha County’s District Attorney. The DA will make the ultimate decision if charges should be filed against the officers in the Blake shooting.

The DOJ and FBI have conducted 88 witness interviews, downloaded 28 videos for review, issues four search warrants and collected 102 pieces of evidence.

Blake was shot on the night of Aug. 23. Kenosha Police responded to a home in the 2800 block of 40th Street after a woman reported her boyfriend was there when he was not supposed to be.

Officers attempted to arrest Blake. Officer Rusten Sheskey deployed his taser, but it didn’t stop Blake. Officer Vincent Arenas also deployed his taser, but it was not successful.

The DOJ says Blake walked to his vehicle, opened the driver’s side door, and leaned forward. Officer Sheskey, holding on to Blake’s shirt, fired his gun seven times toward Jacob Blake’s back.

No other officers fired guns.

The DOJ says investigators recovered a knife from the driver’s side floorboard of Blake’s vehicle. No other weapons were found.

Blake was airlifted to a hospital. He survived and continues to recover. CLICK HERE to hear what Jacob Blake said from his hospital bed.

The shooting sparked several nights of violence in Kenosha.

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