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More "largely peaceful" Portland protests
(08-28-2020, 02:16 AM)Sociopathicsteelerfan Wrote: Here's a good breakdown from Donut Operator on the Rittenhouse shootings.





Still a lot to sift through, such as what proceeded the first video, but I don't see how you get a murder 1 charge out of this. Seems like a classic overcharge to placate the mob and politicians who care more about the next election than the actual law.

As an aside, what is up with these antifa types and beating their women? Dude who field goal kicked the guy in Portland had an extensive history of domestic violence as well.

I mentioned this in the other thread where we were talking about it, but I'm firmly in the self-defense camp on this one. To me, were I a juror in this case and tasked with looking at the facts, no matter what happened leading up to the initial shooting the person who fired the first shot in the air from their handgun initiated everything. With that shot being fired, Rittenhouse was absolutely within reason to see his life/limb in danger. He may have shot someone other than the person with the handgun, but I can absolutely say it was reasonable for him to take those shots in that situation.

Specifically on the charges. He has two different first-degree homicide charges. One is intentional and one is reckless. There is zero chance an intentional homicide, which is actually the one for the second victim, Huber, is going to stick. The charge for killing Rosenbaum is reckless homicide. Here is the statute:

Quote:(1) Whoever recklessly causes the death of another human being under circumstances which show utter disregard for human life is guilty of a Class B felony.

Now, let's also look at second-degree reckless:

Quote:(1) Whoever recklessly causes the death of another human being is guilty of a Class D felony.

and also homicide by negligent handling of dangerous weapon, explosives or fire:

Quote:(1) Except as provided in sub. (3), whoever causes the death of another human being by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony.

I don't see the first-degree charge sticking, even for the Rosenbaum one. Maybe, maybe second-degree reckless, but even so I fully see a strong case for self-defense with the initial shot from the protester before Rittenhouse ever fired his rifle. In fact, the person that fired his handgun into the air should be charged the the negligent handling charge because had they not fired that first shot, I can see everyone making it out of that situation alive.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR

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RE: More "largely peaceful" Portland protests - Belsnickel - 08-28-2020, 07:50 AM

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