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Kenosha, Take 2
Aug. 30th, 2020 10:47 amPart of insisting facts matter, which I do, is changing you opinion about something based on facts. I have changed my opinion regarding the Rittenhouse shootings in Kenosha. Legally, they both appear to be self-defense. I do think we have a case of Sheepdog Failure Syndrome, which I'll elaborate on below. Here's why I changed my opinion. (Here's an interesting take on this sheepdog mentality.)
I watched this video which argues that both of the shootings were self-defense. The too long; didn't watch version is that Rittenhouse brought his rifle and first-aid kit to Kenosha. His plan was to "de-escalate" protests and "run into danger" to rescue injured people. Good intentions, but we know what the road to Hell is paved with.
In the first shooting, one of the rioters, Joseph Rosenbaum, chases Rittenhouse and tries to take away his gun. (Rosenbaum was white and we have video of him being a belligerent asshole earlier that night.) Rosenbaum's actions make the shooting self-defense for Rittenhouse. After the shooting, Rittenhouse runs away. The mob, not knowing why Rittenhouse shot or if he plans to continue shooting, run after him.
Here I take issue with the video. The lawyer in the video thinks the mob is chasing Rittenhouse because "he killed one of ours." I think the mob was chasing him because they were concerned that a mass shooting was breaking out. In either interpretation, from Rittenhouse's point of view, he was legally in a self-defense situation, especially once he fell on his ass.
Now, here's where we get all the gross errors of judgement on Rittenhouse's part that made this disaster happen:
1) Carrying a long rifle in a situation like this is problematic. It's very tempting for angry people to try and take it away from you. In this case, it made Rittenhouse a very visible target as well.
2) Rittenhouse did not appear to have the skills or physical stamina to be out in this situation. He's perpetually getting into binds and getting outrun. He uses terms like "overwatch" which suggest he knows what's going on but he clearly hasn't done any of this stuff before.
3) Rittenhouse has affiliated himself with a "militia" trying to protect businesses. This "militia" has no command structure or organization and appears to be just a bunch of Tactical Teds roaming the streets. Once the shooting starts, it's every man for himself, leaving Young Rittenhouse alone.
So, Rittenhouse does not appear to be a murderer. He does, however, appear to have made a number of very bad decisions that got two people killed and nearly got himself killed. IANAL, so I don't know if those bad decisions are legally actionable or not.
I watched this video which argues that both of the shootings were self-defense. The too long; didn't watch version is that Rittenhouse brought his rifle and first-aid kit to Kenosha. His plan was to "de-escalate" protests and "run into danger" to rescue injured people. Good intentions, but we know what the road to Hell is paved with.
In the first shooting, one of the rioters, Joseph Rosenbaum, chases Rittenhouse and tries to take away his gun. (Rosenbaum was white and we have video of him being a belligerent asshole earlier that night.) Rosenbaum's actions make the shooting self-defense for Rittenhouse. After the shooting, Rittenhouse runs away. The mob, not knowing why Rittenhouse shot or if he plans to continue shooting, run after him.
Here I take issue with the video. The lawyer in the video thinks the mob is chasing Rittenhouse because "he killed one of ours." I think the mob was chasing him because they were concerned that a mass shooting was breaking out. In either interpretation, from Rittenhouse's point of view, he was legally in a self-defense situation, especially once he fell on his ass.
Now, here's where we get all the gross errors of judgement on Rittenhouse's part that made this disaster happen:
1) Carrying a long rifle in a situation like this is problematic. It's very tempting for angry people to try and take it away from you. In this case, it made Rittenhouse a very visible target as well.
2) Rittenhouse did not appear to have the skills or physical stamina to be out in this situation. He's perpetually getting into binds and getting outrun. He uses terms like "overwatch" which suggest he knows what's going on but he clearly hasn't done any of this stuff before.
3) Rittenhouse has affiliated himself with a "militia" trying to protect businesses. This "militia" has no command structure or organization and appears to be just a bunch of Tactical Teds roaming the streets. Once the shooting starts, it's every man for himself, leaving Young Rittenhouse alone.
So, Rittenhouse does not appear to be a murderer. He does, however, appear to have made a number of very bad decisions that got two people killed and nearly got himself killed. IANAL, so I don't know if those bad decisions are legally actionable or not.
