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Rittenhouse's attorney attempts to dismiss 2 charges ahead of pretrial hearing

Rittenhouse's attorney attempts to dismiss 2 charges ahead of pretrial hearing
Posted at 5:33 PM, Dec 02, 2020

Kyle Rittenhouse's attorney has filed a motion to dismiss two charges late Tuesday.

According to court records, they seek to dismiss Possession of a Dangerous Weapon by a Person Under 18, and First Degree Recklessly Endangering Safety, Use of a Dangerous Weapon.

Rittenhouse is facing a total of six charges, including two counts of 1st-Degree Reckless Homicide after prosecutors say he shot and killed two people and wounded a third during protests in Kenosha.

Attorney Mark Richards argues in Tuesday's filing that possession of a dangerous weapon by a person under 18 should be dismissed because "the complaint [filed against Rittenhouse] fails to allege facts which could allow a reasonable person to conclude that a crime was committed."

In regard to first-degree recklessly endangering safety, Richards writes that "no reasonable person could find that this crime was ever committed. Thus, the criminal complaint is defective and Count 2 should be dismissed."

Kyle Rittenhouse
FILE - In this Tuesday, Aug. 25, 2020, file photo, Kyle Rittenhouse carries a weapon as he walks along Sheridan Road in Kenosha, Wis., during a night of unrest following the weekend police shooting of Jacob Blake. Rittenhouse's defense team has called him a member of a militia. Rittenhouse is accused of killing two people and seriously wounding a third.
(Adam Rogan/The Journal Times via AP, File)

The motion comes a day before Rittenhouse is set to attend his pretrial hearing in Kenosha County Court, on Dec. 3 at 10:30 a.m.

Prosecutors allege Rittenhouse shot and killed Anthony M. Huber and Joseph Rosenbaum, and wounded Gaige Grosskreutz during protests in Kenosha on Aug. 25.

Supporters of the Black Lives Matter movement paint Rittenhouse as a white supremacist and militia member. Rittenhouse and his attorneys argue that he acted in self-defense, an argument that has become a rallying cry for some on the right.

If convicted, Rittenhouse could spend life behind bars.

This article was written by Jackson Danbeck for WTMJ.