Kyle Rittenhouse, the teenager who fatally shot two people and wounded another during a protest against police brutality in Kenosha, Wis., last year, was found not guilty on all charges Friday. The case inflamed political divides and ignited debates on issues ranging from gun rights to what constitutes self-defense.
Rittenhouse, who had traveled from his home in Illinois, argued that he was defending himself when he fired his powerful semi-automatic rifle during the unrest unfolding in the city in August 2020, days after the police shooting of Jacob Blake, a 29-year-old Black man.
The 18-year-old was tried on seven counts: first-degree reckless homicide, use of a dangerous weapon; two charges of first-degree recklessly endangering safety, use of a dangerous weapon; first-degree intentional homicide, use of a dangerous weapon; attempted first-degree intentional homicide, use of a dangerous weapon; possession of a dangerous weapon by a person under 18; and failure to comply with an emergency order from state or local government.
A jury on Friday cleared Rittenhouse of all charges. So what happens now? Here is a look at the potential legal fallout.
Can he be tried again?
Rittenhouse was found not guilty of homicide and all other charges. Because he was acquitted, he cannot be tried again. The double jeopardy clause in the fifth amendment of the Constitution prohibits anyone from being prosecuted for the same crime twice.
Former federal and state prosecutor Elie Honig told CNN that state prosecutors cannot appeal the verdict. He added that the law in Wisconsin “is very favorable to a defendant claiming self-defense.”
The federal government will likely look into whether a criminal civil rights violation occurred, a Wisconsin-based civil rights lawyer told NBC News, but authorities are not likely to bring such charges against Rittenhouse.
Could he face civil penalties?
It is possible that Rittenhouse could face a civil trial in the deaths of the two men — Joseph Rosenbaum and Anthony Huber — he was acquitted of killing. If taken to court for wrongful death, Rittenhouse may again claim self-defense.
A wrongful death claim is filed for monetary damages and is usually brought by a family member on behalf of the deceased. The plaintiff must show that the defendant, in this case, Rittenhouse, was negligent and that their actions resulted in the death of the deceased.
But the burden of proof in such suits — a preponderance of evidence — is much lower than what prosecutors were required to prove during the criminal trial against Rittenhouse.
Rittenhouse has been out of custody since November 2020, when he posted his $2 million bail.
Are there any other pending lawsuits?
Although the Rittenhouse trial placed a spotlight on the violence that occurred in Kenosha over the course of several days last summer, the teen’s acquittal does not mark the end of legal action filed against authorities in response to the events.
Blake has filed a federal lawsuit against Kenosha police officer, Rusten Sheskey, who fired numerous shots at him on Aug. 23, 2020, during a struggle to arrest him. Kenosha District Attorney Michael Graveley announced in January that Sheskey would not be charged. Blake, who was left partially paralyzed, sued Sheskey in March, alleging that the officer violated his civil rights by using excessive force.
Rittenhouse killed Rosenbaum, 36, and Huber, 26, and shot and injured Gaige Grosskreutz, then 26, on the night of Aug. 25, 2020. The most serious charge levied against Rittenhouse during his trial was first-degree intentional homicide, which concerned Huber.
Huber’s parents filed a lawsuit against Kenosha authorities — including the police and sheriff’s department — in August. The suit alleges that the defendants failed to intervene and that authorities allowed armed civilians such as Rittenhouse to “patrol the streets, armed with deadly weapons, to mete out justice as they saw fit.” The suit also accuses authorities of conspiring with the civilians. The defendants have filed motions to dismiss the case.
Grosskreutz, who was shot by Rittenhouse and badly wounded as a result, filed a federal lawsuit in October. He lost 90 percent of his right bicep when Rittenhouse fired at him. His complaint names the city and county as defendants, along with individual members of the law enforcement departments. The suit accuses police of “deputizing a roving militia.” Sam Hall, the attorney who is representing Kenosha County and Kenosha Sheriff David Beth, said they would move to “promptly file a motion to dismiss this case” in October.
Four protesters have also sued the city and county, the Milwaukee Journal Sentinel reported.
Shannon Larson can be reached at shannon.larson@globe.com. Follow her on Twitter @shannonlarson98.
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What happens now that Kyle Rittenhouse has been acquitted of all counts? - The Boston Globe
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