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this post was submitted on 06 Feb 2024
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Incorrect. The Wikipedia article is not specific on what type of murder charges he faced.
All murder charges come with a degree. He had 6 charges, all first degree. Search for Kyle Rittenhouse Charges and the first result should be the AP article.
First degree charges require that intent and/or premeditation be proven.
I agree he wasn’t guilty of intent, but they would have had a conviction if they went with a lesser murder charge. By entering a riot with a loaded open carry firearm, against curfew ordinances, crossing state lines with a firearm he was not allowed to possess, they could have easily proven 2nd degree homicide, not premeditated.
They were trying to prove intent because that is what they charged him with.
I also watched every moment of his trial.
I'm sorry, looks like I got that wrong. I didn't realize the wiki omitted that.
The NPR article I found that explained this also says that the jury was asked to consider lesser charges but still acquitted. I'm not sure what lesser charges exactly, but I assume it was second degree accounts. For first degree intentional homicide, Wisconsin law lists "mitigating circumstances" that downgrade first degree charges to second degree charges if proven true. It's 940.01, found here.
No worries, the case was complex for sure.
The lesser charges were 2nd degree intentional homicide and 1st degree reckless homicide.
For the 2nd degree intentional charge, the prosecution would still have to prove intent. The key difference is that with 1st degree intentional, the prosecution would have to prove that the defendant was not acting in self defense. With 2nd degree intentional, they would have to prove that he had the belief that he was acting in self defense but that his belief was unreasonable.
For the 1st degree reckless, they would have had to prove ‘utter disregard for human life’, which I don’t believe is what happened in this case.
The lesser charge that the prosecution asked for but was ultimately denied was ‘2nd degree reckless homicide’. It is my personal opinion, having watched the whole trial, that they would have gotten a conviction on that charge.
Without an intention to kill, and without an utter disregard for human life, he recklessly put himself into a situation where he believed he was acting in self defense, but that belief was unreasonable. 2nd degree reckless homicide, 25 years.
The judge denied that lesser charge because he said that he thought it would be overturned on appeal… not really his call but that’s the way it played out.