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Culture War Roundup for the week of May 20, 2024

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Does it? Below someone said that because Foster had his gun angled down, but could have pointed it directly at Perry and fired in an instant that Perry was correct to have felt threatened. But we have video of Rittenhouse wandering around gun pointed low where he also could have brought it up and fired at any of the people around him.

If one of those is a threat then surely the other is, even if we removed them from protest situations and just had them standing on the street minding their own business.

Now i'd say neither should really be taken as a threat in and of themselves granted carrying the rifle around is legal. Because it would mean that we have a tension where a legal activity also grants enough of a threat to createthe right to legal lethal self-defence, which just seems problematicly circular.

@The_Nybbler is right. You are trying to tie these cases together with some sort of general principle that falls apart the second you tug at it.

Rittenhouse was running away. All his pursuers had to do was let him go.

No, before that, when he was walking around, gun pointed slightly down. That was the focus of the prosecution that he was causing people to feel threatened, which was the contention on why Rosenbaum may have felt threatened and charged Rittenhouse and thus had a self defence claim.

If that is all it takes then Rittenhouse was clearly threatening all the people he walked past. My contention is that is probably not true for either Rittenhouse or Foster.

Even if that were so, and I can find no evidence it is the case, then by running away Rittenhouse terminated the confrontation and any justification for use of force against him.

I would agree with you. Though I think Rittenhouse did himself no favors in his testimony because he said as Rosenbaum charged him, he did point the gun at him to try and scare him off. Then ran, when he kept charging, then shot him when he was getting close. Had the jury felt he HAD initially threatened Rosenbaum, the second (admitted) threat might have been viewed to show that Rosenbaum might have believed Rittenhouse would have got more distance then turned the gun on him again. A podcast I was listening to at the time was concerned he had just given them a reason to convict. Though that turned out not to be the case of course.

Rosenbaum was i think unstable, and looking for trouble, so whether Rittenhouse did have his barrel angled somewhere near him was probably the excuse he was looking for.

This is what Rittenhouse says in direct testimony:

After he throws the bag and he continues to run, he’s gaining speed on me. A gunshot is fired from behind me, directly behind me and I take a few steps and that’s when I turn around. And as I’m turning around, Mr. Rosenbaum is I would say from me to where the judge is coming at me with his arms out in front of him. I remember his hand on the barrel of my gun.

On cross-examination he's asked about the video by the prosecutor, Binger:

(Binger) Right before Mr. Rosenbaum disappears behind that car. Did you see him jump up in the air with his hands up?

(Rittenhouse) Kyle Rittenhouse (02:19:43): No. I saw him do something like this. Like-

(Binger) That was a reaction to you pointing the gun at him, correct?

(Rittenhouse) Yes, but he kept running at me. So, it didn't deter him.

(Binger) But it slowed him down a little bit. He does this sort of jump with his hands in the air when you're pointing the gun at him, right?

(Rittenhouse) No. He continues to gain speed on me.

This was during the chase, not before it. Rittenhouse (by his own testimony, which was not contradicted by other testimony) pointed the gun at Rosenbloom once; Rosenbloom was not deterred so Rittenhouse shot him. Rittenhouse did not run, point the gun at Rosenbloom, run again, and then turn and shoot him. He ran, pointed the gun at Rosenbloom, and then shot him.

It is contradicted by what the video shows though. https://youtube.com/watch?v=BEbcLqBE-ts&t=14360

From 3:59:20 when they start, Rittenhouse is already running away. The bag gets thrown at 3:59:21. By 3:59:23 Rittenhouse has turned and raises his gun. The persecutor then asks at this point you have turned around and are pointing you weapon at Mr Rosenbaum. Rittenhouse says correct. Then they continue the video and we see Rittenhouse turn back around and continue to run. Then at 3:59:46 (because the pause the video they are watching for a bit) they reach the cars and Rittenhouse (presumably feeling boxed in) turns again as Rosenbaum lunges at him and fires.

The video is clear at this point. Rittenhouse points his gun at Rosenbaum twice. The second time is when he shoots him. Rittenhouse agrees with that series of events. The prosecution claims he pointed the gun at Rosenbaum THREE times, the first time being the movement he does with his arms after he puts down the fire extinguisher, the one that is extremely blurry and hard to see and happens before this part of the video. That one Rittenhouse claims is not correct. You can see that on the video starting at 3:55:14.

I'm not disputing here to say you are wrong about Rittenhouse in toto, but you are wrong about the specific series of events here. And that is why (referencing your other post) I am not sure Rittenhouse does give adequate notice of his withdrawal (assuming he did provoke the incident), he is running for about 10 seconds and in those 10 seconds he has the gun pointed at Rosenbaum twice. If Rittenhouse had actually threatened Rosenbaum, I think it is plausible the jury would not have felt this counted as a good faith retreat.

But I don't think the evidence did prove that he provoked the incident in the first place just to be clear. The reason the prosecution point to this is because at an earlier confrontation what set Rosenbaum off (where he yells "shoot me nigga") is he claims someone pointed their gun at him where Rittenhouse was there with another man.

The reason the prosecution point to this is because at an earlier confrontation what set Rosenbaum off (where he yells "shoot me nigga") is he claims someone pointed their gun at him where Rittenhouse was there with another man.

As a point of interest, this did not happen as described.

The earlier confrontation where Rosenbaum engages in unhinged screaming was at the gas station. There's a man in a green shirt with an AR on a sling on the opposite side of the argument from Rosenbaum, but despite several visual points of similarity, that wasn't Rittenhouse. You can see this most clearly by looking below the waist--from what I recall, Rittenhouse was wearing khaki cargo shorts, and the man at the gas station was wearing long black (or at least dark) pants. There are a couple of other minor visual distinctions--I want to say the guy at the gas station was several inches taller than Rittenhouse--but the pants difference is the easiest to verify.

I don't know for sure if it was Rittenhouse, but Rittenhouse was wearing dark trousers of some sort (blue jeans maybe?) not khaki cargo shorts.

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