Illinois Rittenouse criminal complaint

Dean Weingarten wrote a column about the politically-motivated prosecution of Kyle Rittenhouse, the young man who defended himself from multiple attackers in Kenosha, Wisconsin last month. Mr. Weingarten referenced a very interesting document: the Illinois Non-Traffic Complaint under which Rittenhouse was arrested for extradition to Wisconsin.

Illinois Complaint Rittenhouse

Fugitive Justice

Said defendant after having been charged in Kenosha Ct(?)
State of Wisconsin with the offense
of First Degree Intentional Homicide
in violation of Wisconsin Statute a c
opy of such charge (warrant: W261694050)
is is made a part of this complaint by (reference?)
thereto, fled the State of Wisconsin with
the intent to avoid prosecution
for

that offense

That document, complete with a Wisconsin warrant number is dated “8/26/20.”

Let us look at the timeline.

August 25: Rittenhouse’s use of defensive force
August 26: Rittenhouse turns himself in to Antioch, Illinois police. He is booked and jailed.
August 27: The Wisconsin Criminal Complaint charging Rittenhouse with the referenced First Degree Intentional Homicide is signed and filed.

Wisconsin Rittenhouse Complaint Crop

That date of 8/26/20 on the handwritten Illinois complaint is not just an error. It appears in the computer records as well.

Illinois Rittenhouse Warrant Record

How could Rittenhouse flee from prosecution on a charge that hadn’t yet been entered,  when, according to his attorney, the police instructed him to “keep moving”?

How did the Wisconsin authorities obtain a fugitive warrant before the criminal complaint was filed? An arrest warrant on the homicide charge, sure; but a fugitive? I have been unable to get a copy of that warrant. If someone in Wisconsin who is familiar with the state’s records request process,can do so, I would appreciate it.

When asked for comment on this, Rittenhouse’s attorney, John Pierce, merely stated that he is ensuring that his lead associate is “aware of this discrepancy.

61 COMMENTS

  1. Wouldn’t falsifying such a charging document be grounds for dismissal with prejudice? (At least, with respect to the charging document for extradition?) And, if there the extradition warrant is dismissed with prejudice, Illinois would then have no basis for keeping Rittenhouse incarcerated.

    • You are assuming it is falsified and not just an error. There is third but unlikely possibility. The DA didn’t want to file charges but politically had to so he simply “messed of up” the charging document knowing it would lead to a dismissal.

      • This is quite possible, in conjunction with the absurdly over-applied charge of First Degree Murder. Methinks that the D.A. set this up with haste to calm the rioters immediately, while knowing the likelihood that the charge would eventually need to be lessened or dropped altogether…but later, once the riots were history.

        • Step back and contemplate the always relevant and necessary words of the never redundant ‘I Haz A Question’.

          All Hail.

      • I am indeed dismissing the possibility that it was done in error, because it is an impossible error to make inadvertently. This is a “chain of custody”, “chain of events” type thing that simply can’t happen.

        • I have seen a lot of stuff that can’t happen, happen. Too many people in the chop chain will only take a cursory look and sign off. I plead guilty to having done this on many occasions because I wasn’t interested in the topic and wanted to get the stuff off my desk. I’ve seen under and assistant Secretaries of Defense, two and three stars and Intel deputy directors do the same thing. Probably the only thing the John Kenneth Galbraith ever got right was the propensity of senior management to defer to people down the chain for routine business.

        • I submitted a petition with signatures to impeach Gavin Newsom this month and accidentally dated it last month (i.e. I wrote an “8” for the month instead of a “9” for September). Its still legal even with the wrong date. It happens.

    • I wonder this as well.

      Years back a friend of mine was pulled over in a bad neighborhood for rolling a stop sign. He proceeded, at the speed limit, to a public parking lot a ways away and pulled over.

      There were two cops in the car, one wanted to be a hardass the other was more reasonable. The hardass cop had rank and insisted on a issuing a summons for felony evading and eluding. The other guy did the paperwork. When he gave my friend the ticket he quietly said “Get a lawyer, you’ll need it for a felony, and tell them to pay attention to the location of infraction”.

      So my friend gets a lawyer and gets the charge dropped. Why? Because the cop who filled out the two tickets filled out the stop sign ticket correctly but put South [Street] on the evading and eluding summons. That street had no South area so it was a location that, technically, didn’t exist. That was sufficient for the DA to drop the charge because he knew the judge would throw it out.

      The thing that I always wondered about that was how evading and eluding could be a ticket with no arrest but also technically a felony. But it was right there on the summons in black and white.

        • Yes, of course, every story anyone ever tells is really about them. *eyeroll*

          Well, he was my friend and I drove him to court that day so… yeah, it worked and I know it worked.

          According to the DA in that court system it’s not a “minor clerical error” when the place the crime supposedly happened in place that does not and never has existed because one cannot “flee” on a street that doesn’t exist.

          Could they have refiled that charge? I don’t know. Would they bother? They didn’t. Just like often if you show up to contest a ticket you find the cop isn’t there and you win.

      • This is about me, lol. Went to court, the papers dates were off by two DayZ. My own lawyer( court ordered, get a manaquin) said, “The time doesn’t matter the officer made a mistake”. Some DA did not do this to open a technicality on purpose. Hopefully this mistake turns out well and with the right lawyer ends well.

    • Dismissed? Possibly. With prejudice? No. Jeopardy could not possibly have attached this early in the process. They’ll just re-file if the complaint is found to be defective.

      • The “good faith” doctrine will prevent the exclusionary rule from applying. This complaint will stand until amended directly in open court.

        Carry on to the “not guilty” finding.

    • Errors in a complaint can be amended when there is an appearance in court. Many here believe the complaint is ‘fatally flawed’. It may or may not be as that is for the Court to decide. New charges can then be filed.

  2. It is most likely a clerical error but an error that invalidate a warrant and subsequent criminal complaint. It is like incorrectly identifying the make, model and color of a car or writing down the wrong tag number on a traffic ticket. The case gets tossed. However, they can refile the homicide charges but the fugitive charges.

  3. I suspect that Kyle’s defense Attorneys might have encouraged him to turn himself in to the police in Illinois before the Wisconsin police could indict him and formally charge him. This encouraged the prosecutor to request premature extradition. (Not to be confused with another premature condition that the prosecutor suffers from). If so, this might have been a brilliant ploy that will make it impossible for Wisconsin police to extradite him ever again. Ask Kyle has to do is file a lawsuit for unlawful imprisonment against the Illinois police and they will never arrest him every again.

  4. The sleazebag Mike Nyfong brand of prosecutor needs to clear the air…He should state he would have sat still and allowed dirtbags to beat him to death or he should state he would have shot the scumbags like Kyle Rittenhouse had to do to save his life. Which way is it?

  5. Kyle Rittenhouse did nothing wrong.

    The left is the enemy. They deserve nothing, and everything must be taken from them.

  6. Back in August, I was of the opinion that Badge #07, Antioch PD, committed perjury when writing out that arrest document, for the reasons stated in this article. I found it interesting that (s)he wasn’t willing to put a name or signature to that load of BS, just a badge number.

  7. My handwriting analysis finds the individual who wrote the document did so with a Gummy Bear Pen. And the document shows a writing style attributed to someone leaving well wishes in a middle school yearbook. There are no similarities between the writing on the aforementioned document and the penmanship found on The United States Constitution. In conclusion, the chances are good and highly likely the date could be a mistake made by an airhead.

  8. Does labelling someone a “fugitive” mean that the old bounty hunter rules from the 1870’s come into effect and anybody can hunt the person? If so, whoever filed may have been sleazier than just filing bogus charges, the DA may have wanted Rittenhouse to be collected dead instead of arrested.

  9. The warrant should get thrown out based on the quality of the handwriting. I’ve never seen a sporadic mix of cursive and print handwriting before. It literally looks like 10 different people wrote that single warrant.

  10. Yes….burn this new format. FFS.

    I’m 3 rums into my Thursday and thought I was getting a bad buzz when I logged in tonight.

    Cripes!

  11. Guys, how many times have we raised hell about an error that benefited a criminal? This thing will go the way of the Taylor drama. It will cost him money. Notoriety. And time. Welcome to the world of using deadly force in justified self defense.

  12. hes going to largely skate
    just like the louisville cops
    and kenosha will burn again
    and kyle will lose his gun rights for a while
    but it will be ok
    because is megalodon civil lawyer will get him so much money he will be able to afford 1000 dollar per day 24 hour around the clock armed security
    or maybe make that human refuse ayanna pressley pay for it as a condition of the civil case brought against her

  13. He shot some people one day in a State, he turned himself in the next day in a different State, the State where the crime happened filed charges the day after. ,,,,He fled the state.

    • You’re forgetting the part where he tried to turn himself into Wisconsin police and the part where his home is closer to Wisconsin than the one side of Fort Worth is to the other side of Fort Worth. It’s not like he made some arduous journey to evade justice here. Wisconsin cops told him to move along and he did, going home. Then he did the right thing a second time and turned himself in again.

  14. I hope I will see the media organs of the Libertarians focus on this. Since they focus on the warrants of drug suspects so much. Perhaps even the Libertarian candidates will speak up about it???

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