Ahead of the prosecution and defense presenting their closing arguments to the jury in the trial of Kyle Rittenhouse, Judge Bruce Schroeder has dismissed one of the charges against the defendant. Rittenhouse was charged with possession of a dangerous weapon by a person under 18. Judge Schroeder, however, ruled that the Wisconsin law is poorly written.
From wsoctv.com . . .
The charge is only a misdemeanor, but it had appeared to be among the likeliest to net a conviction for prosecutors. There’s no dispute that Rittenhouse was 17 when he carried an AR-style semi-automatic rifle on the streets of Kenosha in August 2020 and used it to kill two men and wound a third.
But the defense argued that Wisconsin’s statute had an exception that could be read to clear Rittenhouse. That exception involves whether or not a rifle or shotgun is short-barreled.
The prosecution conceded that Rittenhouse’s rifle is not a short-barrel rifle under the law and the judge dismissed the charge. Schroeder had earlier dismissed a charge of failing to comply with a curfew order when the prosecution presented no evidence that a curfew order was in force.
That means that on the night of the shooting in Kenosha, Kyle Rittenhouse was legally armed with a legal firearm in a town in which he worked and where his father lived.
Rittenhouse still faces charges of first degree intentional homicide, first degree reckless homicide, attempted first degree intentional homicide, and two counts of first degree recklessly endangering safety.
By Dan Zimmerman via TTAG and republished with permission.