The judge presiding over the trial of Kyle Rittenhouse granted the defense’s motion to drop the curfew citation charge on Tuesday.
After the prosecution rested its case against Rittenhouse, the defense argued the prosecution had not provided any evidence a curfew had been in place, to which Judge Bruce Schroeder agreed.
Schroeder denied a second attempt by the defense to dismiss the possession of a dangerous weapon by a minor charge on Tuesday morning, Kenosha News reported. Rittenhouse was in possession of an AR-15 the night he allegedly shot three people, killing two, and was under the age of 18 at the time.
“These restrictions only apply to a person under age 18 who possesses or is armed with a rifle or a shotgun if the firearm is a short-barreled rifle or short-barreled shotgun, or if the person is not in compliance with the hunting regulations,” according to Wisconsin law.
Rittenhouse is also charged with reckless and intentional homicides in the killing of Joseph Rosenbaum, 36, and Anthony Huber, 26, and attempted homicide for wounding Gaige Grosskreutz, now 27, with a bullet to the arm, on Aug. 25.
Grosskreutz, a paramedic, testified on Monday that Rittenhouse didn’t fire his gun at him while his hands were raised, only shooting the witness when he lifted his own gun, the license for which had expired. He denied that he lied to police in his initial statement that he had not been armed.
“I believe in the Second Amendment,” Grosskreutz said. “I’m for people’s right to carry and bear arms. That night was no different than any other day. It’s keys, phone, wallet, gun.”
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