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A look at Wisconsin self-defense laws following deadly Kenosha protest shootings


Kyle Rittenhouse, left, with backwards cap, walks along Sheridan Road in Kenosha, Wis., Tuesday, Aug. 25, 2020, with another armed civilian. Prosecutors on Thursday, Aug. 27, 2020 charged Rittenhouse, a 17-year-old from Illinois in the fatal shooting of two protesters and the wounding of a third in Kenosha, Wisconsin, during a night of unrest following the weekend police shooting of Jacob Blake. (Adam Rogan/The Journal Times via AP)
Kyle Rittenhouse, left, with backwards cap, walks along Sheridan Road in Kenosha, Wis., Tuesday, Aug. 25, 2020, with another armed civilian. Prosecutors on Thursday, Aug. 27, 2020 charged Rittenhouse, a 17-year-old from Illinois in the fatal shooting of two protesters and the wounding of a third in Kenosha, Wisconsin, during a night of unrest following the weekend police shooting of Jacob Blake. (Adam Rogan/The Journal Times via AP)
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(WLUK) -- Kenosha has been reeling since Jacob Blake's shooting, the riots that unfolded afterward, and the killings of two protesters last week.

Kyle Rittenhouse, 17, faces murder and attempted murder charges in Wisconsin.

Rittenhouse told a videographer with The Daily Caller that he went to Kenosha with a semi-automatic rifle to protect businesses from protesters.

“People are getting injured and our job is to protect this business. And my job also is to protect people. If someone is hurt, I’m running into harm’s way,” he said in the video.

Rittenhouse is accused of shooting and killing Joseph Rosenbaum and Anthony Huber, and injuring another man.

The criminal complaint says Rosenbaum followed Rittenhouse into a used car lot, threw a plastic bag at him, then attempted to take his weapon.

A witness says Rittenhouse shot Rosenbaum.

Authorities say Rittenhouse was then chased down the street by several people when he tripped and fell.

The complaint says Rittenhouse allegedly shot Huber when he tried to take his weapon, and shot a third man as he approached with what appeared to be a handgun.

Rittenhouse’s lawyer says his client was acting in self-defense.

So, how would a self-defense claim play out in Wisconsin?

In 2011, the Wisconsin Legislature expanded on self-defense law with the Castle Doctrine.

"Wisconsin already has a self-defense law that looks at the reasonableness of the conduct of the person who feels threatened, the amount of force they used, whether it’s necessary to protect themselves," UW-Madison law professor Cecelia Klingele said.

The Castle Doctrine allows you to use deadly force as a form of self-defense in three places: your home, your vehicle or your business.

Attorney Craig Kubiak specializes in firearm law. He’s also a concealed carry instructor.

"If you are in one of those places and somebody is trying to unlawfully and forcibly enter into one of those three areas, you have the ability to use self-defense to stop them at that point," Kubiak said.

Kubiak says the difference between a traditional self-defense case and the Castle Doctrine is the burden of proof. In a traditional case, the person who allegedly acted in self-defense has to prove their actions were justified. The Castle Doctrine is different.

“The law is going to presume that you acted appropriately, unless the state can prove otherwise," Kubiak said.

Under Wisconsin’s version of the Castle Doctrine, you don’t have to retreat before defending yourself. But Kubiak says it’s something the court will take into consideration.

“That's going to be something the court is going to look at in the totality of the circumstances. The jury is going to consider, was it reasonable for you to do what you did, or did you have the ability to avoid the conflict all together,” Kubiak said.

Klingele says the Castle Doctrine doesn’t apply to public spaces, which is where Rittenhouse allegedly shot three people.

“That provision as best I can tell from the facts that are on the table now, wouldn’t apply to this case," Klingele said.

Wisconsin Senate Minority Leader Janet Bewley, D-Mason, voted against the Castle Doctrine in 2011.

"With Castle Doctrine, the presumption is there that that person felt bodily harm or imminent threat. We have court systems that are meant to investigate and I think this use of the Castle Doctrine limits where investigation can go," Bewley said.

Bewley says she doesn’t want to see presumptions in Rittenhouse’s investigation.

“The presumptions people that people have should not automatically be held as true. You must examine the intentions and you must examine your own judgments before you make a conclusion,” she said.

The Castle Doctrine passed overwhelmingly in 2011 with a Republican-controlled legislature.

We also spoke to Assemblyman Ron Tusler, R-Harrison, about his thoughts on the doctrine.

"I believe in the jury system, I think you need to have some neutral parties look at a situation and try to apply the law appropriately. I think that would be how the Castle Doctrine or self-defense laws should be applied to Kyle Rittenhouse or anybody else," Tusler said.

As for Rittenhouse, it could be weeks before his lawyer outlines his case for self-defense.

He is being held in an Illinois jail, and will have an extradition hearing at the end of the month.

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