Curfew violation added to the list of charges against Kyle Rittenhouse

Rittenhouse, 17, of Antioch, Ill., is charged with first-degree intentional homicide, attempted first-degree intentional homicide and first-degree reckless homicide for shooting three men, killing two, during protests in Kenosha on Aug. 25. His attorneys argue he was acting in self-defense.

The charge was added to the file Monday as a revision of the original criminal complaint, which was filed Aug. 28.

The citation alleges that the teenager was violating state or local emergency management orders. The shooting took place after the 7 p.m. nightly curfew issued by the Kenosha County Sheriff’s Department during unrest following the shooting of Jacob Blake by a Kenosha Police officer on Aug. 23.

About 150 people were arrested on curfew violations during the protests, some held for days at the Racine County Jail, which fell behind in processing arrests during the unrest. The ACLU called for the citations to be dismissed, and separately a suit was filed in federal court by four of those arrested alleging that the arrests targeted those protesting against the Blake shooting. The federal suit alleges none of the armed counter-protesters were issued curfew citations and states that law enforcement was “allowing pro-police activists and militias to roam the streets without fear of arrest.”

Prosecutorial tool

The curfew violation added to the Rittenhouse complaint is a municipal citation and would carry no criminal penalty. While minor, its inclusion will give prosecutors an additional way to argue Rittenhouse — who is also charged with illegally carrying a weapon as a minor — was violating rules when he was on the street before the shooting occurred.

Rittenhouse attorney John Pierce appeared to criticize the additional charge on Twitter: “So is Kyle Rittenhouse the only one who violated curfew on Aug. 25, 2020? This is beyond comedy. It is now 100 percent farce.”

The day after the shooting, Kenosha Police Chief Daniel Miskinis, speaking at a press conference, indicated the shooting would not have occurred if Rittenhouse and the men who were shot had not been out after curfew.

“Persons who were out after curfew became engaged in some type of disturbance and persons were shot,” Miskinis said at the press conference. “Had persons not been involved in violation of that, perhaps the situation that unfolded would not have happened.”

Rittenhouse is next expected in court for an arraignment on Jan. 5.