Motion to Dismiss 2 Counts in Kyle Rittenhouse Case Rejected; State of Wisconsin Demonstrates Probable Cause, Arraignment Next

Kyle Rittenhouse Preliminary Hearing Motion Filed Rittenhouse’s Attorney Seeking Dismissal of 2 Counts Against Kyle Rittenhouse

In a filing this week, Rittenhouse’s attorney Mark Richards asked the court to dismiss two of the six counts against Rittenhouse; and the preliminary hearing proceeded.

In a filing this week, Kyle Rittenhouse’s attorney Mark Richards asked the court to dismiss two of the six counts against Rittenhouse. Richards argued that a misdemeanor count of possession of a dangerous weapon by a person under 18 isn’t supported by the law. This argument was already rejected once by the court.

The preliminary hearing was held remotely for safety during the COVID-19 pandemic with court commissioner Loren Keating presiding. The zoom video of the preliminary hearing lasted about 55 minutes, and was live-streamed from the commissioner’s YouTube channel, but the video was deleted after the end of the preliminary hearing. The Kenosha News re-broadcast the preliminary hearing zoom video and maintained the video in an article published Thursday morning.




Attorney Mark Richards also sought the dismissal of a felony count against Rittenhouse for recklessly endangering the public’s safety by using a dangerous weapon. Richards said the state offered no proof to substantiate that charge, which was based on witness Richard McGinnis’ account of Rittenhouse firing his gun with McGinnis in the line of fire. Richard McGinnis is the reporter for the Daily Caller that was following Rittenhouse and Rosenbaum just before Rosenbaum was shot.

Both motions were denied by 11:15 a.m. Thursday, December 3, 2020, and the preliminary hearing then proceeded.

The prosecution, led by Kenosha County Assistant District Attorney Thomas Binger, presented brief testimony from Kenosha Police Detective Ben Antaramian about Rittenhouse’s actions on August 25, 2020 when he is alleged to have shot and killed Joseph Rosenbaum, 36, of Kenosha, and Anthony Huber, 26, of Silver Lake; and shot and seriously injured Gaige Grosskreutz, 26, of West Allis. Gaige Grosskreutz was also present at the preliminary hearing. The Rittenhouse shootings occurred two days after Kenosha police officer Rusten Sheskey allegedly shot Jacob Blake seven times during an arrest attempt when Blake resisted arrest and reached into a vehicle while police were attempting to detain him.




In his cross examination, Mark Richards used still images taken from videos showing the moments before and during the shootings. Richards attempted to show that Rittenhouse shot the men in self defense, but was met with repeated objections from Binger. Richards characterized Joseph Rosenbaum as an armed robber wearing a mask (T-shirt over his face). Binger objected, saying the cross-examination questions were irrelevant. Binger repeatedly challenged Richards’ cross-examination as irrelevant.

Loren Keating eventually found that the State of Wisconsin demonstrated probable cause that felonies were committed and that the defendant committed the felonies. Loren Keating stated that the defendant, Kyle Rittenhouse is bound over before the Kenosha County Circuit Court before the Honorable Bruce E. Schroeder. Bond continues as previously set, and an arraignment date will be scheduled within the next 30 days.




According to Kenosha News, on Thursday morning, December 3, 2020, a group of about a dozen armed men were congregated at the Car Source lot, 5821 Sheridan Road, which was destroyed by rioters and one of the scenes involving the shootings by Kyle Rittenhouse and on the night of the riot when two males were shot and killed, and one male was shot and wounded. Nights of rioting occurred following the officer-involved shooting in August 220 of Jacob Blake, early Thursday morning.

According to Kenosha News, a spokesman from the armed group told a Kenosha News reporter that no statement would be given about why they were there. That reporter did observe at least one sign apparently in support of Illinois teenager Kyle Rittenhouse, who faces two homicide charges for the shootings that occurred during rioting Aug. 25, 2020.

TMJ4 News cameras waited outside Mark Richard’s law office to catch a video of Kyle Rittenhouse as he walked into his lawyer’s office Thursday morning ahead of a planned preliminary hearing [NO AUDIO].

See also …

Watch now: See Kyle Rittenhouse’s preliminary hearing on homicide charges

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