Kyle Rittenhouse's attorney files motion to dismiss 2 charges in Kenosha shooting

Antioch teen to appear in court Thursday morning for pretrial hearing

ByABC7 Chicago Digital Team WLS logo
Wednesday, December 2, 2020
Gaige Grosskreutz, the man who survived a shooting by Kyle Rittenhouse that left two others dead has filed a secret petition to change his legal name.

KENOSHA, Wis (WLS) -- The defense attorney for Kyle Rittenhouse has filed a motion to dismiss two of the charges against him in the deadly shooting at a Kenosha protest that left two people dead and one injured.

The shootings happened in August during the unrest that followed the shooting of Jacob Blake by Kenosha police. Anthony Huber and Joseph Rosenbaum were killed, and Gaige Grosskreutz was wounded in the shooting.

WATCH: What Antioch teen said just before deadly Kenosha protest shooting

New video shows Kyle Rittenhouse being interviewed by an independent journalist the same night he allegedly opened fire on protesters in Kenosha.

The 17-year-old from Antioch is facing six criminal counts including first degree reckless homicide, first degree intentional homicide, first degree attempted intentional homicide, two counts of first degree reckless endangerment, and possession of a dangerous weapon by a minor.

Richards has filed motions to dismiss the charge of possession of a deadly weapon by a minor, known as count 6, and one of the two reckless endangerment charges, known as count 2. In both cases, Richards argued that "no reasonable person" could conclude or find that a crime was admitted. As such, he argues that they should be dismissed.

RELATED: Kyle Rittenhouse extradited to Wisconsin for Kenosha protest shooting murder trial

Open carry is legal in Wisconsin, but only for adults aged 18 and over. Dominick Black, 19, has been charged with two counts of intentionally giving a dangerous weapon to a person under 18, causing death, for allegedly buying the AR-15 style rifle that Rittenhouse used in the shootings.

ABC7 Legal Analyst Gil Soffer pointed out that the charges against Black are very serious and could result in up to six years in prison, especially since the gun was used in two homicides.

RELATED: 19-year-old charged with buying rifle for Kyle Rittenhouse used in Kenosha unrest

"He knew that it couldn't lawfully be purchased in Rittenhouse's name, this really is a straw purchase," Soffer explained. "And the way the law reads it under Wisconsin law, so long as an adult provides a gun to someone he knows isn't entitled to it, a minor, and so long as that gun is later involved in the death of somebody...then the adult faces these charges."

RELATED: Kyle Rittenhouse, Antioch teen charged in Kenosha protest deaths, used pandemic funds to buy gun, Washington Post reports

Rittenhouse's attorneys said the teen was acting in self-defense. He was extradited from Illinois to Wisconsin to face charges and has since raised and posted $2 million bail.

Kyle Rittenhouse's mother says son shot 3 Kenosha protestors in self-defense: 'He's not a monster'

The teenager is due back in court Thursday morning for a scheduled pretrial hearing. He faces up to life in prison if convicted.