Kyle Rittenhouse Charges: Seven Counts and Not-Guilty Verdict

Kyle Rittenhouse faced seven charges after the August 25, 2020 shootings in Kenosha, Wisconsin: five felonies tied to the deaths of Joseph Rosenbaum and Anthony Huber and the wounding of Gaige Grosskreutz, one misdemeanor weapons count, and one curfew violation. Judge Bruce Schroeder dismissed the curfew and weapons counts during the trial, and on November 19, 2021, a jury acquitted Rittenhouse on all five remaining felony charges after roughly 26 hours of deliberation.¹

The Seven Charges in Full

Rittenhouse, 17 at the time, was armed with a Smith & Wesson M&P 15 semiautomatic rifle purchased for him by Dominick Black. Three shootings within roughly three minutes produced five of the seven counts.

Count 1: First-Degree Reckless Homicide (Use of a Dangerous Weapon)

Tied to the death of Joseph Rosenbaum, who chased Rittenhouse near an auto shop on Sheridan Road and was shot in the head at approximately 11:48 p.m. The felony carried up to 60 years in prison, plus five additional years for the weapons modifier. To convict, prosecutors had to prove Rittenhouse caused Rosenbaum’s death “under circumstances that showed utter disregard for human life.”² Acquitted.

Count 2: First-Degree Recklessly Endangering Safety (Use of a Dangerous Weapon)

Related to journalist Richard McGinniss, a Daily Caller reporter directly behind Rosenbaum and in the line of fire during the first shooting. McGinniss told investigators the first round struck the ground near him and he initially wondered whether he had been hit. A Class F felony carrying up to 12 years and six months in prison, plus five years for the weapons modifier.³ Acquitted.

Count 3: First-Degree Recklessly Endangering Safety (Use of a Dangerous Weapon)

Related to an unidentified man, referred to at trial as “jump kick man,” who tried to kick Rittenhouse after he fell to the ground. Rittenhouse fired twice and missed. The man fled and was never identified.⁴ Acquitted.

Count 4: First-Degree Intentional Homicide (Use of a Dangerous Weapon)

The most serious charge, tied to the killing of Anthony Huber, who swung a skateboard at Rittenhouse and grabbed for his rifle before being shot. A conviction would have carried a mandatory life sentence plus up to five years for the weapons modifier. Prosecutors framed the charge as one where “a person killed someone and meant to do it.”² Acquitted.

Count 5: Attempted First-Degree Intentional Homicide (Use of a Dangerous Weapon)

Related to the wounding of Gaige Grosskreutz, who approached Rittenhouse with a handgun after the Huber shooting. Rittenhouse shot him in the arm. The felony carried up to 60 years in prison, plus five years for the weapons modifier.⁵ Acquitted.

Count 6: Possession of a Dangerous Weapon by a Person Under 18

A Class A misdemeanor carrying up to nine months in jail. Dismissed by Judge Schroeder before jury deliberations.

Count 7: Failure to Comply With an Emergency Order (Curfew Violation)

A non-criminal forfeiture carrying a maximum $200 fine. Dismissed on November 9, 2021, during the trial.

Why the Judge Dismissed the Curfew and Weapons Counts

The curfew count fell first. After the prosecution rested on November 9, 2021, defense attorney Mark Richards moved to dismiss on the grounds that the state had failed to present evidence a lawful curfew order was actually in effect that night. The only proof offered was a police officer’s testimony that a curfew existed. Judge Schroeder ruled the evidence insufficient and dismissed the charge.⁶

The misdemeanor weapons count was dismissed later, just before deliberations. Wisconsin law generally prohibits anyone under 18 from possessing a dangerous weapon, but a subsection limits that prohibition, for minors carrying rifles or shotguns, to weapons that violate Section 941.28, the state’s short-barreled firearm statute. Prosecutors conceded that Rittenhouse’s rifle had a barrel longer than the 16-inch legal minimum. Because the weapon was not short-barreled, Judge Schroeder ruled the statutory exception applied and dismissed the charge.⁷

How the Jury Reached Not Guilty on the Five Felonies

Wisconsin law permits the use of deadly force when a person reasonably believes they face imminent death or great bodily harm. There is no duty to retreat, though jurors may consider whether retreat was feasible when weighing whether the force was necessary. The state carries the burden of proving beyond a reasonable doubt that the defendant did not act in lawful self-defense.⁸

Assistant District Attorney Thomas Binger’s core argument was that Rittenhouse arrived in Kenosha with a “political agenda,” was “willing to kill that night,” and did not genuinely fear for his life.⁹ To defeat the self-defense claim, the state relied on a provocation theory: if Rittenhouse’s own unlawful conduct provoked the attack, he generally could not claim self-defense. Even a provoker, however, can regain the right to self-defense if the resulting attack puts him in reasonable fear of death or great bodily harm and he has exhausted every reasonable means of escape. Prosecutors argued Rittenhouse pointed his rifle at people before the first shooting, provoking Rosenbaum. The evidence supporting that theory rested largely on a distant, grainy drone video that legal observers described as inconclusive.¹⁰

Several moments in the state’s own case worked against it. Grosskreutz, on cross-examination by defense co-counsel Corey Chirafisi, acknowledged that he had pointed his own handgun at Rittenhouse before being shot in the arm. Prosecution witnesses Ryan Balch, Jason Lackowski, and Richard McGinniss each testified that Rosenbaum had been the aggressor and lunged for Rittenhouse’s rifle before the first shots were fired.¹⁰

The defense, led by Richards, focused narrowly on the two minutes and 55 seconds of the shootings and portrayed Rittenhouse as a frightened teenager who fired to save his own life. Richards had taken over the case in January 2021, replacing earlier attorneys John Pierce and Lin Wood, who had framed Rittenhouse as a “defender of liberty.” Richards rejected that framing outright: “I don’t represent causes. I represent clients.”¹¹

Judge Schroeder’s Rulings That Shaped the Trial

Several rulings by Judge Schroeder, the longest-serving circuit court judge in Wisconsin, shaped what jurors heard and how they were instructed.

Before trial, he denied prosecution motions to introduce evidence of Rittenhouse’s involvement in a prior fight and his alleged association with the Proud Boys.¹²

He barred prosecutors from calling the men Rittenhouse shot “victims” in front of the jury, describing the term as “loaded, loaded” and reserving it for use after a conviction. He did permit the defense to describe the same men as “rioters, looters, or arsonists” if the evidence supported those labels.¹³

He rebuked Binger during trial for questioning Rittenhouse about his post-arrest silence, calling it “a grave constitutional violation,” and for attempting to introduce evidence the court had previously ruled inadmissible. The defense filed two mistrial motions, one over Binger’s cross-examination conduct and one over a dispute about the resolution of the drone video file turned over to the defense. Schroeder did not grant either but warned, on the video issue, “If it turns out the video should not have been admitted into evidence, it’s going to be ugly.” He indicated that motion would only need to be resolved if the jury returned a guilty verdict.¹⁴

Schroeder also allowed jurors to consider lesser-included offenses, including second-degree intentional homicide and first-degree reckless homicide as alternatives to the top count, and to consider whether Rittenhouse provoked the first confrontation.²¹⁵ The acquittal on all counts made the pending mistrial motions moot.

What the Criminal Acquittal Did Not End

Rittenhouse’s acquittal resolved the criminal charges but not his civil exposure. Two federal lawsuits were filed after the shootings.

John Huber, the father of Anthony Huber, filed a wrongful death and civil rights suit, Huber v. Beth, in the U.S. District Court for the Eastern District of Wisconsin. The suit names Rittenhouse, police officers, and other city and county officials, alleging that law enforcement conspired with armed civilians and allowed a dangerous situation to develop, violating Anthony Huber’s constitutional rights. In early 2023, U.S. District Judge Lynn Adelman denied motions to dismiss, ruling that Huber’s death “could plausibly be regarded as having been proximately caused by the actions of the governmental defendants.” Adelman also rejected Rittenhouse’s claim of improper service, finding that he was “purposefully concealing his residence to evade the law.”¹⁶¹⁷ As of June 2026, the case remains pending and has not reached trial or settlement.¹⁸

Gaige Grosskreutz filed a separate federal suit in October 2021 against Rittenhouse, the city of Kenosha, and local officials, alleging that city officials “were aware of, supported and collaborated with armed vigilantes” on the night of the shootings. As of early 2023, Grosskreutz’s attorneys alleged Rittenhouse was evading service in that case as well.¹⁷

Dominick Black, who bought the rifle for the then-17-year-old Rittenhouse in May 2020, was initially charged with two felony counts of intentionally delivering a dangerous weapon to a minor, each carrying up to six years in prison and a $10,000 fine. On January 10, 2022, he pleaded no contest to a reduced charge of contributing to the delinquency of a minor, which prosecutors further reduced to a non-criminal county ordinance violation. He was ordered to pay a $2,000 fine. Binger cited Black’s cooperation as a witness, the acquittal itself, and Judge Schroeder’s ruling on Wisconsin’s minor-in-possession statute as reasons the original felonies were no longer appropriate.¹⁹

1
ABC News. Jury Reaches Verdict in Kyle Rittenhouse Homicide Trial
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PBS NewsHour. What Charges Does Kyle Rittenhouse Face for Kenosha Shooting
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WisPolitics. Rittenhouse Criminal Complaint
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CNN. Kyle Rittenhouse Jury Deliberations and Charges
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PBS NewsHour. What Charges Does Kyle Rittenhouse Face
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Law & Crime. Judge Dismisses Count Accusing Kyle Rittenhouse of Violating Curfew
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PBS NewsHour. Why Did the Judge Drop Kyle Rittenhouse Gun Charge
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Court Listener. State of Wisconsin v. Kyle H. Rittenhouse Jury Instructions
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NYSBA. Prosecutor Defends Decision to Charge Rittenhouse With Murder but Admits Mistakes
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NPR. Why Legal Experts Were Not Surprised by the Rittenhouse Jury’s Decision to Acquit
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Boston Herald. Rittenhouse Lawyers’ Strategy: Don’t Crusade, Defend
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CNN. Kyle Rittenhouse Trial Judge Bruce Schroeder
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NPR. A Look at Bruce Schroeder, the Judge in the Kyle Rittenhouse Trial
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CNBC. Rittenhouse Lawyers Ask Judge to Declare Mistrial Over Video
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Washington Post. Rittenhouse Jury Instructions
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BBC News. Kyle Rittenhouse Wrongful Death Lawsuit Can Proceed
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PBS NewsHour. Attorneys for Man Shot During Protest in Kenosha Say Kyle Rittenhouse Is Evading Them
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CourtListener. Huber v. Beth Docket
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ABC News. Friend Who Bought Rifle for Kyle Rittenhouse Reaches Plea Deal