Prosecutors in the Kyle Rittenhouse case are seeking to admit a video from an incident prior to the Kenosha protest shootings where Rittenhouse said he wished he had his AR-15 so he could shoot people he witnessed shoplifting.
Rittenhouse, 18, formerly an Antioch resident, was arrested in August 2020 for fatally shooting Anthony Huber and Joseph Rosenbaum and shooting and injuring a third person.
He was charged with first-degree intentional homicide, two counts of first-degree recklessly endangering safety, first-degree reckless homicide, attempted first-degree intentional homicide and possession of a dangerous weapon by a person under 18.
Prosecutors filed a motion this week saying they obtained a video where a person, identified by them as Rittenhouse, is on the side of a street watching several people leave a CVS Pharmacy, the Kenosha News reported.
The motion said that Rittenhouse was watching the group of people leave the CVS while carrying bags and loading them into the trunk of a car. “It looks like one of them has a weapon,” Rittenhouse said, according to the motion.
“Bro, I wish I had my (expletive) AR, I’d start shooting rounds at them,” Rittenhouse reportedly said in the video, which was taken 15 days before the August 25, 2020 protest and shootings.
“[Rittenhouse] apparently believed, with no actual evidence, that these individuals were shoplifting from the store,” Kenosha County Assistant District Attorney Thomas Binger said.
Kenosha News reported that prosecutors are asking that the jury at Rittenhouse’s trial see the video as evidence of his state of mind.
On Monday, the family of one of the men killed by Rittenhouse filed a lawsuit against law enforcement alleging they conspired with the teen and other armed individuals.
The lawsuit was filed in federal court by John Huber, the father of Anthony Huber, according to court documents.
The suit names the defendants as Kenosha County Sheriff David Beth, former Kenosha Police Chief Daniel Miskinis, acting Kenosha Police Chief Eric Larsen, unnamed Kenosha police officers and unnamed Kenosha County sheriff’s deputies.
The 15-count lawsuit claims that police officers and sheriff’s deputies “did not treat [Kyle] Rittenhouse or any of the other armed individuals patrolling the streets [on August 25, 2020] as a threat to the safety of themselves or the citizens they were sworn to protect.”
The lawsuit further says that the defendants “deputized these armed individuals, conspired with them and ratified their actions by letting them patrol the streets, armed with deadly weapons, mete out justice as they saw fit.”
Lawyers also said that police thanked Rittenhouse and other armed individuals, gave them water, and allowed them to defy the emergency curfew order.
The lawsuit is seeking an unspecified amount of money for compensatory and punitive damages. A jury trial was requested.
Kenosha County Judge Bruce Schroeder has set a tentative trial date for Rittenhouse’s criminal case for November 1 but warned the trial could be delayed further.
Rittenhouse was released from the Kenosha County Jail on November 20 after posting a $2 million cash bond.
Rittenhouse has maintained that the shootings were self-defense after the three victims attacked him.
A motion hearing is scheduled for September 17.