Sending a 17-year-old accused of killing two protesters days after Jacob Blake was shot by police in Kenosha, Wisconsin, to stand trial in Wisconsin would “turn him over to the mob,” defense attorneys argued in court records Thursday.
Kyle Rittenhouse was arrested at his home in Antioch, Illinois, a day after prosecutors say he shot and killed two protesters and injured a third on the streets of Kenosha on Aug. 25. He has been held in Illinois since then after his attorneys indicated late last month that they planned to fight his extradition to Wisconsin.
Attorneys for Rittenhouse argued in the document filed in Lake County Court late on Thursday that he was acting in self-defense and sending him to Wisconsin authorities would violate his constitutional rights. They also argue that Wisconsin prosecutors and Illinois authorities didn’t follow legal technicalities required for extradition.
A Kenosha County prosecutor didn’t immediately respond to an email after hours about the extradition paperwork.
Extradition is typically a straightforward process, and legal experts have expressed doubt that Rittenhouse’s attorneys could successfully prevent a court from sending him to Wisconsin to face charges there.
The document echoes attorneys’ previous portrayal of Rittenhouse as a courageous patriot who was exercising his right to bear arms during unrest over the shooting of Blake, who is Black.
Extraditing Rittenhouse, they claim, “would be to turn him over to the mob.”
“The premature and unsupported charges are contributing to unwarranted public condemnation,” attorneys wrote. “Rittenhouse has been publicly branded a ‘mass murderer,’ a ‘terrorist,’ a ‘racist,’ and more.”
Rittenhouse is due back in court Friday, but a Lake County, Illinois judge is not expected to immediately make a decision on the extradition issue. Judge Paul Novak said at Rittenhouse’s last hearing in late September that he would schedule a hearing on the issue once Rittenhouse’s attorneys laid out their arguments in writing.
The killings happened amid protests on Kenosha’s streets two days after a white police officer shot Blake seven times in the back, leaving him paralyzed from the waist down and sparking outrage after video of the shooting was posted online. A Wisconsin Department of Justice investigation into that shooting is ongoing. The three responding officers are on administrative leave.
According to prosecutors and court documents, Rittenhouse shot and killed 36-year-old Joseph Rosenbaum, of Kenosha, after Rosenbaum threw a plastic bag at Rittenhouse, missing him, and tried to wrestle his rifle away.
While trying to get away in the immediate aftermath, Rittenhouse was captured on cellphone video saying, “I just killed somebody.” According to the complaint filed by prosecutors, someone in the crowd said, “Beat him up!” and another yelled, “Get him! Get that dude!”
Video shows that Rittenhouse tripped in the street. As he was on the ground, 26-year-old Anthony Huber, of Silver Lake, hit him with a skateboard and tried to take his rifle away. Rittenhouse opened fire, killing Huber and wounding Gaige Grosskreutz, of West Allis, who was holding a handgun.
Rittenhouse’s extradition would not be an issue if he had been arrested in Kenosha the night of the shootings. Cellphone video that captured some of the action shows that right after the shootings, Rittenhouse walked slowly toward a police vehicle with his hands up, only to be waved through by police.
He returned to his Antioch, Illinois, home and turned himself in soon after. Police later blamed the chaotic conditions for why they didn’t arrest Rittenhouse at the scene.