There is new video evidence that Kyle Rittenhouse provoked the attack leading to the chain of events in Kenosha, Wisconsin.
The video is a new, closer view of the moment that the prosecution focused on in drone video presented in court last week. The evidence is a segment of a Facebook Live video recorded by Dylan Schultz, reported on in 2020 by Buzzfeed. A closer look at this video reveals several elements of the story that have been missing from the prosecution’s case.
Most importantly, it reveals that Kyle Rittenhouse had his rifle in his hands during these critical moments, holding it parallel to the ground. Prior to these moments Rittenhouse held a fire extinguisher in one hand. The transition from holding the fire extinguisher to holding the rifle is a key element to understanding how Rittenhouse provoked Rosenbaum.
As Rittenhouse testified, Rosenbaum chased Rittenhouse, ending with Rosenbaum’s death after he was shot four times by Rittenhouse. The killing shot was to Rosenbaum’s back after he fell to the ground.
Right before Rosenbaum started his chase, however, Rittenhouse saw another person, Ziminski, and saw that Ziminski had a gun in his hand. Rittenhouse testified that he backed away from Ziminski; it was only then that he turned and saw Rosenbaum.
Critically, Rittenhouse NEVER testified that the Ziminski pointed his gun at Kyle.
The prosecution used drone video footage to argue that Rittenhouse provoked the attack by pointing his gun at Ziminski. The prosecution claims the drone footage shows Rittenhouse drop a fire extinguisher he’d been carrying, then raise and point his gun at Ziminski. The problem with the footage is that the drone is rising in elevation as it is recording, then suddenly dips then recovers during these critical moments. The prosecution used a zoomed image of this drone to argue that Kyle Rittenhouse pointed his rifle first. The prosecution further argues that Rittenhouse provoked Rosenbaum a second time when Rittenhouse turned and pointed his loaded rifle at Rosenbaum during the chase.
Another critical point Rittenhouse never testified to: when does he actually raise his gun in his hands? According to his testimony, he arrived at the Carsource lot with a fire extinguisher in one hand; his rifle was held by his sling. Rittenhouse dropped the fire extinguisher then backed away, and he heard (as he claims) Ziminski say something like “kill him.” After he backed away, he saw Rosenbaum. They started running. During this chase, Rosenbaum threw a plastic bag at Rittenhouse; almost simultaneously, Rittenhouse slowed, turned, and pointed his gun at Rosenbaum. The chase continued; Rittenhouse slowed again, stopped at some cars, turned, and shot and killed Rosenbaum who had gained on him.
The new video shows a critical moment between the time Rittenhouse sees the gun that Ziminski is carrying and when he turned and saw Rosenbaum. Before Rittenhouse turns and sees Rosenbaum, we see that Rittenhouse already has his rifle in both his hands, parallel to the ground.
It is likely this act of Rittenhouse’s- dropping the fire extinguisher and raising the rifle into his hands after seeing Ziminski’s gun- that provoked Ziminski to yell “Get him” and Rosenbaum to start chasing Rittenhouse.
The question of provocation is critical, because under Wisconsin law:
Provocation affects the privilege of self-defense as follows:
939.48(2)(a)
(a) A person who engages in unlawful conduct of a type likely to provoke others to attack him or her and thereby does provoke an attack is not entitled to claim the privilege of self-defense against such attack, except when the attack which ensues is of a type causing the person engaging in the unlawful conduct to reasonably believe that he or she is in imminent danger of death or great bodily harm. In such a case, the person engaging in the unlawful conduct is privileged to act in self-defense, but the person is not privileged to resort to the use of force intended or likely to cause death to the person's assailant unless the person reasonably believes he or she has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm at the hands of his or her assailant.
Rittenhouse’s testimony when questioned by his defense attorney Richards:
Rittenhouse: I continue walking and then I noticed the Duramax... I noticed a flame in the back seat of the Duramax and I stepped...I stepped towards the Duramax, and as I'm stepping forward... I believe his name is now Joshua Ziminski. He steps towards me with a pistol in his hand... and..as um..as I'm walking as I...as I'm walking towards to put out the fire, I drop the fire extinguisher and I take a step back....
Richards: Okay. When you step back from Mr. Ziminski what's your plan?
Rittenhouse: My plan is to get out of that situation and go back north down Sheridan road to where.. um.. the Carsource lot number two was.
Richards: And did you get back.. were you able to go in a northerly direction?
Rittenhouse: I wasn't.
Richards: Describe what happened.
Rittenhouse: I... once I take that step back I look over my shoulder and Mr. Rosenbaum... Mr. Rosenbaum was now running from my right side um.. and I was cornered from in front of me with Mr. Ziminski… and they were… they were right there..
Richards: That's alright.
[Trial suspended briefly after Rittenhouse apparently breaks down]
Richards: You were testifying about coming into contact with Mr. Rosenbaum?
Rittenhouse: Yes.
Richards: And you saw Mr. Rosenbaum... what happened?
Rittenhouse: Once I got to that car and I stepped forward to put that fire in the Duramax out, and Mr. Ziminski stepped towards me... I went to go run south...back south down Sheridan, and Mr. Rosenbaum was right there at the corner of the Duramax, starting to chase me.. and that's when I realized the only place I can run with the people around me, is straight towards the building of the Carsource lot number three.
Richards: When you saw Mr. Rosenbaum that's when you said "friendly friendly?"
Rittenhouse: Uh when I heard "burn inside." I don't know exactly where I was at and the time for that.
Richards: Did Mr. Rosenbaum say anything to you?
Rittenhouse: Um no. Mr. ZiminskI instructed Mr. Rosenbaum to "get him and kill him".. that's what I heard.
Richards: And you go running to what's been referred to the south-west corner of
Carsource?
Rittenhouse: Yes
Richards: And as you're running in that direction describe being chased.
Rittenhouse: What was happening as I'm running in that southwest direction, Mr. Rosenbaum throws.. at the time... I know it's a bag now...
Rittenhouse’s testimony to ADA Binger under cross-examination:
ADA Binger: You indicated that you came upon that vehicle we've been calling the Duramax, you know what vehicle I'm talking about?
Rittenhouse: I do
ADA Binger: And you indicated that when you got there you walked around that vehicle and you saw a person that you now know to be Joshua Ziminski, is that right?
Rittenhouse: I walked up to the Duramax, yes.
ADA Binger: You didn't know Joshua Ziminski's name at that point, correct?
Rittenhouse: No.
ADA Binger: You hadn't taken any notice of him at all up until that moment all night long, fair?
Rittenhouse: Fair.
ADA Binger: This is the first time that you see that this is a person that comes to your attention fair?
Rittenhouse: Yes.
ADA Binger: And you said he had a gun in his hand?
Rittenhouse: Yes.
ADA Binger: And you put the fire extinguisher down on the ground?
Rittenhouse: I...I dropped the fire extinguisher...
ADA Binger: And then you hear or see Mr. Rosenbaum coming from behind you.
Rittenhouse: I... when I get to the Duramax I step forward and then Mr Ziminski turns towards me, and he steps towards me, I drop the fire extinguisher, step back, and that's when I see.. I... I go to run back towards 59th street. Mr Rosenbaum is coming, and then I that's when I noticed Mr. Rosenbaum running at me, leaving me with no other route...Mr. Ziminski is in front of me with the gun, Mrs Ziminski right there a couple feet away... and then some other people.. there
ADA Binger: And then the chase happens, is that fair to say?
Rittenhouse: Yes.
Interestingly, during his testimony about dropping the fire extinguisher and backing away from Ziminski, Rittenhouse is pantomiming with his hands the action of moving something from a pointed down position to a position parallel to the ground.
The critical moment that Rittenhouse broke down during the initial questioning by his own defense attorneys; he started his “crying” when he gets to the point in his story when he sees Rosenbaum. Not when he kills Rosenbaum or Huber; when he turns and sees Rosenbaum.
The sequence of events that Kyle Rittenhouse testifies to:
- He arrives at the Duramax location.
- He sees Ziminski with the gun in his hand.
- He drops the fire extinguisher he had been carrying in one hand.
- He backs up.
- He turns slightly and sees Rosenbaum chasing him. Some time close to this he claims he hears Ziminski say “get him and kill him.”
- He starts to run.
- During the chase, he turns and points his rifle at Rosenbaum; Rosenbaum throws something at him.
- They arrive at the cars, where he turns and Rosenbaum lunges at him. He shoots to “ stop the threat.”
The prosecution contends that Rittenhouse’s killing of Rosenbaum is NOT self defense, since Rittenhouse provoked the attack when he pointing his gun at Rosenbaum during the chase; and further that Rittenhouse provoked the whole sequence by raising and pointing his rifle at Ziminski.
This new video supports the contention that Rittenhouse provoked the attack, at the very least by the action dropping the fire extinguisher and bringing the rifle into his hands. The new video starts just after Rittenhouse drops the fire extinguisher, but importantly, it shows a moment before he sees Rosenbaum. In this moment we see that Kyle Rittenhouse’s rifle is already in his hands.
By a frame-by-frame breakdown it is hard to discern in the initial moments as the black rifle is on a black background, but his lighter colored arm can be obviously seen to be bent at the elbow. From the movement of Rittenhouse as he turns and starts to run, it is clear the rifle is in his hands, parallel to the ground, as it turns and moves with him. A second later as he passes in front of a light background it is absolutely clear the rifle is held in his hands parallel to the ground.
The still frame of the video shown on the right is the moment Rittenhouse sees Rosenbaum to his right. Mrs. Ziminski is on the left, and Mr. Ziminski is in the center with his gun in his right hand pointed to the ground. You can see Kyle’s left arm is bent at the elbow, parallel to the ground. It is at this moment in the video you can here someone yell “get him” or “kill him” three times. (In the slowed video, you can see a few clear frames right before this moment; Mrs. Ziminski is turning to her right towards Rittenhouse, and Rittenhouse takes a step back.)
Rittenhouse then runs to his left. You can see his left arm continues to be bent at the elbow.
A few minutes later, Rittenhouse then runs in front of a lighted area and is backlit. You can clearly see his rifle in his hands, parallel to the ground.
People have criticized the contention that Rittenhouse provoked the attack. They claim that Rittenhouse was running and being chased by Rosenbaum, therefore he could not have been the provoker.
But the provocation came BEFORE Rittenhouse sees Rosenbaum; it occurs just after Rittenhouse sees Ziminski.
The provoking act is Rittenhouse dropping the fire extinguisher to the ground then raising his rifle to his hands, which happens BEFORE he turns to see Rosenbaum, and BEFORE he starts running. He does this in response to seeing the gun in Ziminski’s hand.
Neither side seems to have asked Rittenhouse when he raised his rifle to his hands. Neither side likely wanted to know the answer, fearing the damage it would make to their argument. We know now that the defense was right to not clarify this point, as they would have had to admit that Rittenhouse had his rifle in his hands before he turns and sees Rosenbaum.
In the footage, Ziminski’s arms are down his side, not bent towards Rittenhouse. You can see his left arm straight by his side when he turns to his right as Rittenhouse starts to run.
Rittenhouse claims he stopped and started to back away when he saw Ziminski’s gun. If Rittenhouse felt that Ziminski’s gun to his side was something he needed to back away from, then how would others around him respond to him running around the corner, suddenly dropping the fire extinguisher, and raising his rifle to his hands?
Here is the critical moment Rittenhouse backs away from Ziminski with his rifle in his hand, hears someone then yell, and THEN Rittenhouse turns to his right and sees Rosenbaum.
This is the full sequence from Rittenhouse backing away from Ziminski to when Rittenhouse turns and points his gun. The killing happened a few seconds after the ending of this video.
Kyle misread the situation when he encountered Ziminski. In response to seeing Ziminski’s gun, Kyle dropped the fire extinguisher and raised his gun to his hands. It was probably a gut response, but it was the wrong one.
Kyle misread the situation. Two people are now dead.
This is why we don’t give guns to kids.