CHICAGO (CBS) — Kyle Rittenhouse, the 17-year-old from Antioch charged with killing two people and wounding another during protests in Kenosha last month, plans to fight extradition from Lake County to Wisconsin, his attorneys told a Lake County judge on Friday.
Rittenhouse is charged with shooting three people with an AR-15 rifle on Aug. 25, during a night of widespread civil unrest in Kenosha days after white Kenosha Police Officer Rusten Sheskey shot 29-year-old Black man Jacob Blake in the back.
Rittenhouse faces one count of first-degree intentional homicide, which carries a life sentence; one count of first-degree reckless homicide, which carries a prison sentence of up to 60 years; and one count of attempted first-degree intentional homicide. He is also charged with one count of possession of a dangerous weapon by a person under 18, and two counts of recklessly endangering safety.
He was arrested in Antioch the morning after the shooting, and is being held at the Lake County Juvenile Detention Center near Vernon Hills.
During a status hearing in his case on Friday, defense attorney John Pierce said they intend to challenge extradition back to Wisconsin, and need to review the arrest warrant before filing their petition.
Lake County State’s Attorney Mike Nerheim said such challenges are quite rare.
“In 20 years I haven’t seen one where somebody challenges extradition, especially once the governor’s warrant’s been issued,” he said.
Lake County Judge Paul Novak gave Rittenhouse’s defense team until Oct. 9 to file their petition, and then the judge will set a schedule for arguments.
Prosecutors have said at 11:45 p.m. on Aug. 25 – hours after an 8 p.m. curfew had gone into effect for Kenosha County east of Interstate 94 due to civil unrest – Rittenhouse shot and killed Joseph Rosenbaum, 36, of Kenosha, at the Car Source used car dealership at the northwest corner of 63rd Street and Sheridan Road in Kenosha.
Rosenbaum was pronounced dead at a local hospital at 12:47 a.m. on Aug. 26.
Prosecutors said cellphone video obtained and reviewed by police showed Rittenhouse running southwest across the eastern portion of the Car Source parking lot holding a long gun – which was later recovered by police and identified as a Smith & Wesson AR-15 style .223 rifle.
Rosenbaum is seen following Rittenhouse, and trailing behind them is a reporter identified as Richard McGinnis, who interviewed Rittenhouse for the Daily Caller.
The video showed as they all crossed the parking lot, Rosenbaum appeared to throw a plastic bag at Rittenhouse, but the bag did not hit him, prosecutors said.
Rosenbaum appears to be unarmed for the duration of the first video, prosecutors said.
A second video showed Rittenhouse and Rosenbaum continuing to move across the parking lot and approach a black car parked in the lot. A loud bang is heard, and then a man shouts, “F**k you!” prosecutors said. Afterward, Rosenbaum approaches Rittenhouse and gets close and four more loud bangs are heard, prosecutors said.
Rosenbaum then falls to the ground, and remains there as Rittenhouse circles back behind the black car and approached him, prosecutors said. McGinnis also approached Rosenbaum, removed his own shirt, and tried to render aid, prosecutors said.
Meanwhile, Rittenhouse appeared to get on his cellphone and make a call. As another man approached, Rittenhouse ran from the scene, and as he was heard saying on the phone, “I just killed somebody,” prosecutors said.
A Kenosha police detective interviewed McGinnis, who said he was a trained medic. McGinnis also told the detective he had handled many ARs and that Rittenhouse was not handling the gun he was holding very well, prosecutors said.
McGinnis said as he and Rittenhouse were walking south, another armed man who appeared to be in his 30s joined him and said he was there to protect Rittenhouse, prosecutors said.
McGinnis said before Rittenhouse reached the parking lot and ran across it, Rittenhouse had moved from the middle of Sheridan Road where Rosenbaum initially tried to engage him, prosecutors said. Rosenbaum was trying to get a closer look at Rittenhouse and advanced, at which point Rittenhouse did a “juke” move and started running.
Others were also moving quickly toward Rittenhouse as he tried to evade them, McGinnis told prosecutors.
McGinnis said once Rittenhouse got to the black car in the parking lot, he had the gun raised, but pointed downward. Rittenhouse then brought the gun up, stepped back, and apparently fired three rounds in rapid succession, McGinnis told prosecutors.
McGinnis said he was behind and slightly to the right of Rosenbaum at the time and wondered whether he himself had been shot when he felt something on his leg. McGinnis had been in the line of fire, but the gun was aimed at Rosenbaum, prosecutors said.
McGinnis said he did not hear Rosenbaum and Rittenhouse exchange any words, and said Rosenbaum was trying to get Rittenhouse’s gun, prosecutors said.
Dr. P. Douglas Kelley of the Milwaukee Medical Examiner’s office determined that Rosenbaum suffered one gunshot to the groin that fractured his pelvis, another to the back which perforated his right lung and liver, another to the left hand, a superficial gunshot wound to his lateral left thigh, and a graze wound to the right side his forehead.
In a third video, Rittenhouse is seen turning north on Sheridan Road after he shot Rosenbaum, prosecutors said. The street and sidewalk are full of people who are running behind Rittenhouse – one is heard apparently saying, “Beat him up!” and another says, “Hey, he shot him!” prosecutors said.
In a fourth video, someone says, “Get him! Get that dude!” prosecutors said. Afterward, a man in a light-colored top runs toward Rittenhouse and appears to swing at him – knocking his hat off, prosecutors said.
Afterward, someone says, “What’d he do?” and someone else answers, “Just shot someone.” Then, a man is heard yelling, “Get his ass!” prosecutors said.
At that point, Rittenhouse trips and falls to the ground. Another man in a dark-colored top and light-colored pants jumps over at Rittenhouse, and based on the positioning of Rittenhouse’s gun, it appears he fires to shots in quick succession at that person, but does not hit him, prosecutors said.
Just after that, another man, Anthony Huber, 26, of Silver Lake, approaches Rittenhouse, who at this point is still on the ground on his back, prosecutors said. Huber has a skateboard in his right hand and appears to be reaching for Rittenhouse’s gun with his left as the skateboard makes contact with Rittenhouse’s left shoulder, prosecutors said.
Huber looks to be trying to pull the gun away from Rittenhouse, and Rittenhouse rolls to his left side, prosecutors said. The gun is then pointed at Huber’s body as Rittenhouse fires one round, prosecutors said.
Huber staggers away, takes several steps, and collapses, prosecutors said. He went on to die of the gunshot wound.
Dr. Kelley at the Milwaukee Medical Examiner’s office also conducted an autopsy on Huber, finding he had suffered a gunshot wound to the chest that had perforated his heart, aorta, pulmonary artery, and right lung.
After shooting Huber, Rittenhouse took a seated position and pointed the gun at a third man – Gaige Grosskreutz, 26, of West Allis – who had also begun to approach him, prosecutors said.
When Rittenhouse shot Huber, Grosskreutz froze, ducked, and took a step back with his hands in the air, prosecutors said. Grosskreutz then moved toward Rittenhouse, and Rittenhouse fired one shot at him, striking him in the right arm, prosecutors said.
Grosskreutz appeared to have a handgun in his right hand when he was shot, prosecutors said.
Grosskreutz ran south on Sheridan Road away from Rittenhouse, screaming for a medic, as Rittenhouse started walking north, prosecutors said. Rittenhouse then turned around and started walking backwards with his gun in the ready position pointed at people in the roadway, prosecutors said.
Police did not arrest Rittenhouse at the scene. CBS 2’s Chris Tye reported that at the end of the night, video shows Rittenhouse was able to walk right out of the Kenosha hot zone.
Rittenhouse was able to return to Illinois. He was arrested Wednesday morning in Antioch, and he was taken to the Lake County Juvenile Detention Center near Vernon Hills.
In a photo posted on Rittenhouse’s now-deleted Facebook, he’s sporting a long gun. Based on his social media posts, he appears to have been a former police explorer — a program for kids considering a career in law enforcement.
The Anti-Defamation League said there is no indication from his social media footprint that he was connected to any extremist movements.
Police so far have not commented on where Rittenhouse got a gun. Illinois law prohibits anyone under 18 from preventing a handgun.
Speaking to CBS News last month, defense attorney L. Lin Wood denounced the charges against Rittenhouse.
“This young boy was not only attacked on the streets of Kenosha, he’s been attacked in the media and social media all over the damn world,” Wood said. “It’s wrong. He’s a 17-year-old boy. He was not there to create trouble, but he found himself with his life threatened and he had the right to protect himself with self defense and now he finds himself accused of murder.”