On August 25, two protesters were fatally shot and a third was injured by Kyle Rittenhouse, a 17-year-old from Illinois. The case of Kyle Rittenhouse saw America polarized. Never has opinion been so divided: the right sees Rittenhouse as a patriot and a hero, the left calls him a terrorist. Regardless of personal opinion on Rittenhouse, America’s strict self-defense law and video evidence suggest that he is likely to successfully claim self-defense and avoid murder charges.

BACKGROUND — Following the shooting of Jacob Blake by police officers in August, a series of BLM protests broke out in Kenosha, Wisconsin. The protests started peacefully but later escalated into riots and confrontations with officers. Armed militias began surfacing and patrolling the area, with the intent of “protecting local businesses from the rioters”. These militias began to clash with the protesters. On August 25, the violence reached a climax as Kyle Rittenhouse shot and killed two protesters and wounded one other. He was charged with two first-degree intentional homicide charges.

Multiple videos and witness testimonies allow the timeline of the murder to be reconstructed. At 10 p.m. on August 25, video evidence showed a group of militia at a car dealership, with Rittenhouse among them, carrying a rifle. An hour and and a half later, he was still identified at the car dealership, asking law enforcement for water. Fifteen minutes after that, however, gunshots rang, and Rittenhouse was chased by multiple protesters. More gunshots rang and Rittenhouse’s first victim, Joseph Rosenbaum, fell to the ground. Rittenhouse briefly made a phone call before fleeing, but was chased by protestors until he tripped over. Several protesters attempted to jump on Rittenhouse, whereupon he opened fire, killing one person who was attempting to hit him with a skateboard and wounding another.

Afterwards, the protestors immediately backed off. A line of police cars can be seen driving towards the murder scene, but they did not arrest Rittenhouse. He later turned himself in.

ANALYSIS— There are multiple reasons why Kyle Rittenhouse is exceedingly unlikely to be found guilty. The charges filed against him, First-degree Intentional Homicide, is defined as “caus[ing] the death of another human being [or an unborn child] with intent to kill that person or another” by Wisconsin law. In this situation, it is very likely that Rittenhouse’s lawyers will successfully argue that he did not have the intention to kill anyone. The fact that he brought a gun to a peaceful protest is not enough to argue that he had murderous intent, as US law allows its citizens to carry guns for self-defense. This is not the first time overcharging the defendant has backfired; outraged citizens calling for the highest possible charge have historically hurt the chances of conviction.

Secondly, video evidence clearly showed Rittenhouse being chased and, at one point, jumped on by a group of people. Even though the protesters attacked him because they thought he had shot and killed someone, the case has fulfilled the two biggest requirements needed to successfully plead self-defense: duty to retreat and proportional response. Before opening fire, he clearly tried to deescalate the situation by fleeing. After opening fire, when protesters retreated and were no longer a threat, he stopped shooting. These two facts further support that Rittenhouse had no intention to kill and was simply defending himself under duress. Within a week of the shooting, internet video was also able to determine smaller details surrounding the situation, such as how Rosenbaum can be briefly seen grabbing Rittenhouse’s gun before being shot, further helping his case.

Finally, Rittenhouse has substantial public support from far-right groups, and a team of the best lawyers in America. His lawyers have successfully defended many high-profile court cases that were harder than Rittenhouse’s. Public support means that he can raise the funds he needs. It also means there are multiple analyses, discussions, and opinions surrounding the case, allowing the court to shape a nuanced and unbiased view.

It is likely that none of the serious charges will stick to Rittenhouse. He will probably be charged with possession of a dangerous weapon by a minor at most. The societal implication of this case will be monumental; the divide in American politics, already wide, will become irreparable. A cursory look at the response on social media shows that members of opposing political parties are already at the point where they’re dehumanizing each other with no regard for the consequences. Death wishes to the right — and to the left — are becoming increasingly common. 

Regardless of whether Kyle Rittenhouse will be acquitted, a large number of people will be unhappy with the verdict, and more rioting and looting can be expected. Similar to how the protests gained intensity after the officers who shot Jacob Blake were acquitted, America’s state of chaos will only be further exacerbated due to the Rittenhouse court case’s outcome.