Rittenhouse To Fight Extradition To Wisconsin Where He Faces Homicide Charges In Protest Shooting

Topline

John Pierce, an attorney for Kyle Rittenhouse, told an Illinois Judge Friday he plans to challenge efforts to send the teen back to Wisconsin where he faces felony homicide charges as an adult, with the attorney promising to introduce complex legal arguments that haven’t been heard in the U.S. “for some time.”

Key Facts

Rittenhouse, 17, is being held in a juvenile detention facility in Illinois but was charged with homicide as an adult in Wisconsin after he allegedly shot three people — killing two — as armed militia members in Kenosha faced off against crowds who were protesting a police shooting days earlier that left a Black man partially paralyzed.

Pierce told Forbes earlier he plans to raise issues of self-defense and also that Rittenhouse, at age 17, was entitled through the Constitution to be part of a “well-regulated militia” and have possession of the Smith & Wesson AR-15 style .223 rifle that forms the basis of a weapons possession charge, a misdemeanor, that Rittenhouse is also facing.

Pierce did not raise those issues Friday but, when the judge asked to set the next hearing date, Pierce responded: “These are going to be involving issues of some complexity that frankly have not arisen in the country for some time, so there’s going to be a lot of legal research involved in this,” adding: “I’d like to have 30 days but we’ll take whatever we can get.”

Rittenhouse did not speak during the brief Zoom hearing, and sat almost motionless wearing a dark grey sweatshirt and a light grey mask.

The judge allowed Pierce until October 9 to file initial paper work for his “habeas corpus” motion which will begin what could be a protracted legal battle.

Video widely circulated on social media shows the gunfire that erupted during protests over the police shooting of Jacob Blake, then shows Rittenhouse walking with his hand up toward law enforcement officers from several jurisdictions, who do not take him into custody, allowing him to return to his home in Illinois, setting the stage for the extradition case.

Key Background

Rittenhouse is charged with five felonies, according to documents in the Wisconsin Circuit Court, including first-degree reckless homicide, first-degree intentional homicide (which can carry a life prison term), attempted first-degree intentional homicide and two counts of first-degree recklessly endangering safety. Pierce, one of his attorneys, said early on he plans to argue that Rittenhouse fired in self defense. Pierce said Rittenhouse traveled from Illinois to Wisconsin to protect a mechanic’s shop. His arrival came after a militia group posted on Facebook, encouraging armed citizens to take to the streets of Kenosha, according to multiple media reports. Four people, including a woman whose partner was one of the people killed in the shooting, filed a suit this week against Rittenhouse and Facebook, arguing in part that Facebook “empowered right-wing militias to inflict extreme violence,” on protesters including Anthony Huber, who was killed. Rittenhouse has drawn strong support from conservatives, including those who have given 12,164 donations totaling more than $516,000 on the Christian crowdfunding site GiveSendGo.

Further Reading

Facebook Sued By Victims Of Kenosha Protest Violence For ‘Empowering’ Militias (Forbes)

Use Of Force Expert To Review Jacob Blake Police Shooting Before Decision On Charges (Forbes)

Trump Jr. On Alleged Shooter Roaming Kenosha With Gun: ‘We All Do Stupid Things At 17’ (Forbes)

Trump Defends Rittenhouse, Caravan After Biden Condemns Protest Violence (Forbes)

Lawyer: Illinois Teen Charged With Kenosha Shootings, Kyle Rittenhouse, A ‘Scapegoat’ Who May Fight Extradition (Forbes)

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