500 National Guard troops on standby ahead of possible verdict
“They are certainly correct in what they say, I just think they are not clear,” he said.
Closing arguments are set to come afterward and last up to five hours. The jury of eight men and 10 women will also be narrowed to 12 people by a drawing of names before deliberations begin.
The trial featured more than a dozen videos from the night, showing what happened before, during and after the shootings. Most of the facts of what happened that night were not up for debate — rather, the heart of the trial was the analysis of Rittenhouse’s actions and whether they can be considered “reasonable.”
The dismissal of the misdemeanor charge was part of a debate over jury instructions on Monday. The judge is also considering a decision on whether to allow the jury to consider lesser charges in other counts.
In a conference Friday about jury instructions, the judge told Rittenhouse presenting lesser offenses to the jury lowers the possibility of a second trial but increases the risk of a conviction. Schroeder explained if the prosecution is not able to establish Rittenhouse’s guilt on the charged offense beyond a reasonable doubt, then the jury must acquit him.
Prosecutors requested the jury be given instruction on provocation, after arguing Rittenhouse provoked Joseph Rosenbaum by raising his gun and pointing it at somebody, which led to Rosenbaum to run after him. The judge agreed to allow the panel to consider whether Rittenhouse provoked Rosenbaum into attacking him — thus negating self-defense.
Ellie Honig, a CNN senior legal analyst and a former prosecutor, said the provocation instruction was an important win for the prosecution. Honig said the instruction allows prosecutors to argue “the defendant went too far, used deadly force when it wasn’t reasonably necessary” and he “provoked the attack, and hence cannot argue self-defense.”
Prosecutors also asked the judge to give the jury instructions to consider charges for second-degree recklessly endangering safety but the request was denied.
How testimony played out
Rosenbaum and Huber were killed, and Grosskreutz was wounded.
In his testimony, Rittenhouse indicated he knew Rosenbaum was unarmed when the man ran toward him and admitted he pointed the gun at Rosenbaum to deter him. Rittenhouse noted he was aware pointing a rifle at someone is dangerous.
“He was chasing me, I was alone, he threatened to kill me earlier that night. I didn’t want to have to shoot him,” Rittenhouse testified. “I pointed it at him because he kept running at me, and I didn’t want him to chase me.”
Rittenhouse said he feared Rosenbaum — who did not touch him — would take his gun and kill people.
Rittenhouse testified he fled the scene after shooting Rosenbaum and tried to reach police to turn himself in. A crowd of people pursued him, yelling that he had shot someone, and several people confronted him when he fell to the ground. Rittenhouse then twice at a man who tried to kick him, once at Huber and once at Grosskreutz.
Grosskreutz acknowledged at one point in their standoff he pointed his pistol at Rittenhouse. But he said he never did so intentionally and did not fire at the teenager.
“I was never trying to kill the defendant,” he said. “In that moment, I was trying to preserve my own life, but doing so while taking the life of another is not something I am capable or comfortable doing.”
In addition, Grosskreutz acknowledged he incorrectly told police last year his firearm had fallen out of his pants that night and did not admit he had a weapon at the time. He also admitted his concealed carry license had expired and he had not renewed it.
Kenosha braces for verdict
Wisconsin Gov. Tony Evers has 500 National Guard troops on standby outside of Kenosha, ahead of a possible verdict.
“The Kenosha community has been strong, resilient, and has come together through incredibly difficult times these past two years, and that healing is still ongoing,” Evers said in a statement Friday. “I urge folks who are otherwise not from the area to please respect the community by reconsidering any plans to travel there and encourage those who might choose to assemble and exercise their First Amendment rights to do so safely and peacefully.”
The five felony charges against Rittenhouse carry the possibility of significant prison time.
He is charged with first-degree reckless homicide while using a dangerous weapon in the death of Rosenbaum.
For endangering the safety of Richard McGinnis, Rittenhouse is charged with first-degree recklessly endangering safety while using a dangerous weapon.
For shooting Grosskreutz, Rittenhouse is charged with attempted first-degree intentional homicide while using a dangerous weapon.
He is charged with first-degree intentional homicide while using a dangerous weapon for the killing of Huber.
And for endangering the safety of an unknown man — known as “jump kick man” in court — Rittenhouse is charged with attempted first-degree recklessly endangering safety while using a dangerous weapon.
A misdemeanor weapons charge was dismissed Monday, and an earlier non-criminal curfew violation was dismissed last week.
CNN’s Steve Almasy, Aya Elamroussi and Amir Vera contributed to this report.
