U.S.A. –-(AmmoLand.com)- There was another twist in the Kyle Rittenhouse self-defense case in Kenosha Wisconsin recently.
Back on Thursday, 29 July 2021, a hearing was held concerning charges against Dominick Black by the District Attorney in Kenosha County. Two charges have been filed against Dominick. Both of them are for the intentional sale of a dangerous weapon to a person under the age of 18, which results in death.
The statute is Wisconsin 948.60(2)(c).
The presiding judge for the hearing and for the case is the Honorable Bruce E. Schroeder. Judge Schroeder is also the judge hearing the Rittenhouse case. Judge Schroeder has shown admirable restraint and a willingness to try the case on its merits, without bending to media and political pressure.
The two cases are closely intertwined. The history of 948.60(2)(c) shows it was meant to prevent the arming of minors who would go on to commit crimes. People who arm minors who have justifiably used firearms to defend themselves and others have traditionally not been charged with the transfer of a firearm to a minor. Those cases most commonly occur in a residence.
The Wisconsin law appears clear the transfer from Black to Rittenhouse was not criminal in itself, as explained in an earlier AmmoLand article. A case might be made the transfer was illegal if Rittenhouse used the rifle to commit murder, although it seems a stretch.
If the two people who were killed by Rittenhouse were shot in justifiable self-defense, then there is no crime under 948.60(2)(c), in an ordinary application of the law.
Consider a parallel example. If Black had transferred the rifle to Rittenhouse to go target shooting, it would be legal. If, on the range, Rittenhouse was attacked by multiple assailants, and he had to shoot two of them to preserve his life, it would be a travesty of justice to claim he should have thrown down the rifle, and died, rather than defend himself. The situation in Kenosha is legally the same, as Rittenhouse legally had possession of the rifle.
Thus, it makes sense for the Rittenhouse trial to be completed first before charges against Black are considered.
As Judge Schroeder is trying both cases, it seems likely, if Rittenhouse is found to have been justified, the charges against Dominick Black will be dismissed.
Such outcomes seem likely to an observer who was watched the available video evidence of what happened on August 25th, 2020.
But the Rittenhouse case is a political case, with strong partisan feelings transcending any sense of logic or reason. The dominant media has worked hard to claim Rittenhouse is guilty … of … something.
Other observers have considered whether Dominick Black would be charged by the ATF with the straw purchase of a firearm for Kyle Rittenhouse. It could happen. It has not happened so far, probably because the case is very weak.
The rifle was not transferred to Kyle Rittenhouse, except temporarily, as allowed under both Wisconsin and Federal law. After the rifle was purchased, it was kept at the home of Dominick Black’s Stepfather.
It is possible Dominick Black could be charged with perjury for filling out the federal form 4473, which states he is not purchasing the rifle for another person.
Again, this is a weak charge because the rifle was never permanently transferred to Kyle Rittenhouse, who had not yet turned 18.
Whether such charges will be filed is uncertain at the moment. Prosecutors can file charges on very flimsy grounds. The fact such charges have not been filed is an indicator of the lack of strong intent to file the charges.
The trial for Dominick Black is scheduled for November, 22nd, 2021, in Kenosha.
Jury selection for the Kyle Rittenhouse trial is scheduled for 1 November, 2021.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
The Jury CAN use NULLIFICATION to the BOGUS charges against Mr. Rittenhouse and set him free from these and future charges the ANTI-AMERICAN prosecutors might dream up.
Sure. I may also have a rich uncle I’ve never heard of, who will pass away and leave me several millions of dollars. Maybe I will pick up a discarded lottery ticket and win a jackpot. None of these are likely and hanging one’s freedom on nullification would be foolish.
Fortunately not-guilty by reason of self defense is not nullification. It is simply straightforward application of the law in what appears to be a pretty clear case.
+1. Nullification of a law is not necessary here because Kyle Rittenhouse is not guilty. The jury would have to choose to ignore the hard evidence of threats against him and footage of him being attacked for him to be found guilty of the ridiculous charges he’s facing.
Respectfully, of course, nothing about presenting the valid self-defense defense excludes a juror/jurors from exercising a nullification intent in their deliberations. Since this case is so politically manufactured nullification by certain jurors may indeed play a part in a NG verdict, no?
As I understand nullification, a jurist needn’t assert it as a reason for their opinion. is that correct?
yes. If I am seated on a jury and hear the presented evidence I am ONLY accountalbe for m vote.. convict, or exnonerate. I need not explain a thing. As part of the jury deliberations, I cnan raise various points of law and fact that in my view should lead to a not guilty verdict being returned.
In a murder case I believe the stanarad is u a unanimous jury. All it wil take to free Mr. Rittenhouse is for ONE juror to vote”not guilthy”. Maybe this is for capital cases, houwever. Might get one convict and eleven not builty….
Check out the Tenth Amendment Center. Michael Bolden speaks well on nullification matters.
HLB
Rittenhouse shot a bunch of convicted sex offenders who were attacking him. He should be getting medals for taking down these dirtbags.
This case seems to be contingent on the Kyle Rittenhouse outcome.
The Rittenhouse incident was self defense all day long. There is earlier
video of Rosenbaum, a psychopathic felon, sizing up Rittenhouse as a kid,
an easy mark. Rosenbaum was sexually eyesaulting Kyle’s rifle, he wanted that rifle, in the worst way. That is why he pursued Kyle, in collusion
(I believe), with the now “one armed man”, who, by the way, was in the
process of trying to murder young Mr. Rittenhouse.
I thought it was HILARIOUS when he smoked, Lefty. Absolutely HILARIOUS… talking about just deserts… ha ha ha….. would you like ANOTHER helping, Gaige (Grosskreutz).
Nooo, please, help yourself!
You are in the wrong site , go somewhere else to peddle your bullshit !
Thanks Dean,Finally some Information on Kyle’s case. Hope he is found innocent.
WI has some f-ed up laws. Just sayin’.
Free Kyle Rittenhouse.
Nuff Said.
I hope mr Black gets his rifle back, only criminals in this ,prosecutor and the people that attacked Kyle
NO ONE…. should have to suck THAT MUCH weenie!
That must be chocking down several MILES of sausage.
Good article Sir, as always.
Funny, this morning I was ling in bed deciding whether to get up and tackle the day yet, or wait a bit.. and I was mulling over in y mind that I have heard nothing on this very casefor sometime. I was wonedring when the trial might be held. Now I know. I did NOT know about the entalgnement of the man who owned the weapon Kyle used. Those charges are also bogus. And Dean, you did an excellent jobof following this out. BATF cannot come after hom for straw purchase, becaus ehe never reliquished ownerdship of the gun nor… Read more »
THAT rifle…. will be worth a lot of money some day.
Another (symbolic) prized possession in someone rich guys ‘man cave’.
@MS Steve,
It could be you!
Rittenhouse IS guilty of something, BAD JUDGMENT almost all young people have this, not a crime just lack of life experience. if the comies want to burn down their city let them dont let the survivors move to your city
Just how many of the “peaceful” protesters do you suppose cane from Kenosha? As I’ve read, much of the criticism of Kyle stems from people complaining that he (Kyle) travelled a long way to attend the protest and defend property in someone else’s city. However it seemed a majority of the rioters travelled considerably further and had fewer ties to the city. In particular several (if not all) of Kyle’s attackers were professional “protestors” traveling across the country to attend post prison test riots. Effectively Kyle helped his (practically next door) neighbors attempting to fend off a roaming band of… Read more »
he went to help people who said they did not want his help, the owner of the car lot said as much , yes the criminals who attacked him traveled to victimize you are correct in that but people who dont want help, there were others that would have been grateful for his help.
Laundering drug money has no future! Twat!