(MADISON, Wis.) — Opening statements are expected Tuesday in the trial of Kyle Rittenhouse, who shot three men, killing two of them and wounding the third, during a protest against police brutality in Kenosha, Wisconsin, last year. Rittenhouse has argued he fired in self-defense after the men attacked him. Here’s a look at the charges:
First-degree reckless homicide, use of a dangerous weapon
This felony charge is connected to the death of Joseph Rosenbaum, the first man Rittenhouse shot. Bystander video shows Rosenbaum chasing Rittenhouse through a parking lot and throwing a plastic bag at him. Rittenhouse flees behind a car and Rosenbaum follows. No video of the moment Rittenhouse pulled the trigger has surfaced yet, if any exists. Richard McGinnis, a reporter who was trailing Rittenhouse, told investigators that Rosenbaum tried to grab Rittenhouse’s gun, according to the criminal complaint.
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Reckless homicide differs from intentional homicide in that prosecutors aren’t alleging Rittenhouse intended to murder Rosenbaum. Instead, they’re alleging Rittenhouse caused Rosenbaum’s death by showing an utter disregard for human life.
Former Waukesha County District Attorney Paul Bucher said prosecutors’ decision to charge reckless instead of intentional homicide shows they don’t know what happened between Rittenhouse and Rosenbaum and what might have been going through Rittenhouse’s mind when he pulled the trigger.
The charge is a felony punishable by up to 60 years in prison. The dangerous weapon modifier carries another five years (as it does in four other charges Rittenhouse faces).
First-degree recklessly endangering safety, use of a dangerous weapon
This felony charge is also connected to the Rosenbaum shooting. McGinnis told investigators he was in the line of fire when Rittenhouse shot Rosenbaum.
The charge is punishable by 12 1/2 years in prison.
Read more: Tensions Over Race and Policing in Kenosha, Wis., Began Long Before the Shooting of Jacob Blake
First-degree intentional homicide, use of a dangerous weapon
This charge is connected to Anthony Huber’s death. Video shows Rittenhouse running down the street after shooting Rosenbaum when he falls to the street. Huber leaps at him and swings a skateboard at his head and neck and tries to grab Rittenhouse’s gun before Rittenhouse fires. The criminal complaint alleges Rittenhouse aimed the weapon at Huber.
Intentional homicide means just that—a person killed someone and meant to do it. Bucher said that if Rittenhouse pointed the gun at Rosenbaum and pulled the trigger that would amount to intentional homicide. However, self-defense would trump the charge. “Why I intended to kill this individual makes the difference,” Bucher said.
The count carries a mandatory life sentence.
Attempted first-degree intentional homicide, use of a dangerous weapon
This is the charge for Rittenhouse shooting Gaige Grosskreutz in the arm seconds after he shot Huber, and as Grosskreutz came toward him holding a pistol. Grosskreutz survived. Video shows Rittenhouse pointing his gun at Grosskreutz and firing a single round.
The charge carries a maximum sentence of 60 years.
First-degree recklessly endangering safety, use of a dangerous weapon
Video shows an unknown man leaping at Rittenhouse and trying to kick him seconds before Huber moves his skateboard toward him. Rittenhouse appears to fire two rounds at the man but apparently misses as the man runs away.
This charge is a felony punishable by 12 1/2 years in prison.
Possession of a dangerous weapon by a person under 18
Rittenhouse was armed with an AR-style semiautomatic rifle. He was 17 years old on the night of the shootings. Wisconsin law prohibits minors from possessing firearms except for hunting.
The charge is a misdemeanor punishable by up to nine months behind bars.
Failure to comply with an emergency order from state or local government
Kenosha officials imposed an 8 p.m. curfew the night of the shootings. Rittenhouse was still on the streets as midnight approached.
The offense is punishable by up to $200 in forfeitures.