kenosha

“Imag­ine a school shoot­ing. Some dude shows up with an AR-15 and roams the halls. Some­one tries to throw a bag at him to stop him, the dude kills him. Stu­dents run out to stop the killer. He kills an­oth­er … The right wants us to be­lieve this killer is now the victim”
—Malai­ka Jabali

 

Face it, it’s a ter­ri­ble time to do a re­al­ly hor­rif­ic school shooting.

So last week, Kyle Rit­ten­house weighed his op­tions and adapted.

 

 

“There are a lot of sacks of hu­man shit liv­ing vic­ar­i­ous­ly through a 17-year-old right now”
—Meko Haze

 

“He was try­ing to get away from them, I guess, it looks like … And he fell, and they very vi­o­lent­ly at­tacked him … But I guess he was in very big trou­ble. He would have been – he prob­a­bly would have been – killed”
—Don­ald Trump

 

“A 17-year old child should not have to take up arms in Amer­i­ca to pro­tect life and prop­er­ty. That is the job of state and lo­cal gov­ern­ments. How­ev­er, those gov­ern­ments have failed, and law-abid­ing cit­i­zens have no choice but to pro­tect their own com­mu­ni­ties as their fore­fa­thers did at Lex­ing­ton and Con­cord in 1775. Kyle is not a racist or a white su­prema­cist. He is a brave, pa­tri­ot­ic, com­pas­sion­ate law-abid­ing Amer­i­can who loves his coun­try and his com­mu­ni­ty. He did noth­ing wrong. He de­fend­ed him­self, which is a fun­da­men­tal right of all Amer­i­cans giv­en by God and pro­tect­ed by law. He is now in the crosshairs of in­sti­tu­tion­al forces that are much more pow­er­ful than him. But he will stand up to them and fight not only for him­self, but for all Amer­i­cans and their beloved Con­sti­tu­tion. We will nev­er leave his side un­til he is vic­to­ri­ous in that fight.”
—John Pierce, Pierce Bainbridge

 

“I’m see­ing a lot of ig­no­rance and mis­in­for­ma­tion fly­ing around about what hap­pened in Kenosha, and I’m go­ing to set the record straight from a pro­fes­sion­al le­gal po­si­tion … as well as from a for­mer mil­i­tary po­si­tion. I’m go­ing to ex­plain some things from a more tech­ni­cal an­gle de­rived from my many years as a para­le­gal and from my ex­pe­ri­ence work­ing in fed­er­al crim­i­nal jus­tice and prosecution.

“Legal­ly, if you are in the process of a com­mis­sion of a crime, it negates your abil­i­ty to claim self de­fense if you kill some­one. As in, it can’t even be en­tered as your of­fi­cial de­fense in court. It is sim­i­lar to get­ting rear-end­ed at a red light through zero fault of your own, but you were dri­ving with­out a li­cense or in­sur­ance. It au­to­mat­i­cal­ly makes you at fault be­cause you weren’t even legal­ly al­lowed to be driving.

“That 17 year old in Kenosha had com­mit­ted two crimes and was not even legal­ly al­lowed to open car­ry the ri­fle he used to shoot three peo­ple. This means that he legal­ly can­not claim self defense.

“An­oth­er key dis­cus­sion is the Cas­tle Doc­trine. Some of you may be vague­ly fa­mil­iar with it, as it is what al­lows you to use dead­ly force when some­one comes into your house un­law­ful­ly, etc. But there are some fin­er points most peo­ple don’t re­al­ize that you gen­er­al­ly have to do some for­mal le­gal stud­ies to know.

“First, as soon as some­one sets foot in­side the thresh­old of your home un­in­vit­ed that you be­lieve in­tends to com­mit a crime, you can legal­ly use dead­ly force and it is im­me­di­ate­ly con­sid­ered self de­fense, even if they haven’t made any vi­o­lent threats or ac­tions to­wards harm­ing you.

“This is be­cause in every in­stance out­side your home, you are re­quired to re­treat and ex­tri­cate your­self from a dan­ger­ous sit­u­a­tion if pos­si­ble. It is a le­gal man­date, not a sug­ges­tion. Your home is con­sid­ered the fi­nal re­treat point, and legal­ly you should be safe in your ‘Cas­tle.’ There is nowhere else to re­treat to, etc. This is why you are able to im­me­di­ate­ly use dead­ly force.

“How­ev­er, it is NOT to pro­tect your prop­er­ty, it is for pro­tect­ing your LIFE. And once the bur­glar, for in­stance, has left your home … the threat to your life is con­sid­ered neu­tral­ized, and dead­ly force is no longer au­tho­rized. So if a bur­glar runs out the door and down the street with your TV, you are no longer al­lowed to shoot af­ter them be­cause they are not threat­en­ing your life. You call the po­lice, you file a claim with your in­sur­ance, and you get a new TV. If you shoot a bur­glar in the back down the street, you can and should be charged with murder.

“While you are out in PUB­LIC, this means a lot of things ob­vi­ous­ly. It means that there is far more scruti­ny and box­es that must be checked in or­der to claim self de­fense. You must be in IM­MI­NENT dan­ger of los­ing life and limb. Get­ting into an ar­gu­ment and feel­ing scared of be­ing punched by an un­armed per­son? Not like­ly to be a sit­u­a­tion where dead­ly force is au­tho­rized. You MUST retreat.

“If some­one shoots at you or pulls a knife on you in the street, that is dead­ly force and can be met with dead­ly force. But if the per­son is un­armed, you can­not shoot them be­cause you’re afraid of a lit­tle scuf­fle. That is why Rit­ten­house il­le­gal­ly shot the first pro­test­er, and it is one of the many rea­sons it can­not be con­sid­ered self de­fense. The man threw a plas­tic bag with trash in it at him AND MISSED, and Rit­ten­house shot him. He chased his vic­tim and in­sti­gat­ed a fight by bran­dish­ing and flag­ging peo­ple with his ri­fle, be­cause he is an un­trained id­iot with a gun. The pro­test­er was not a threat, and even if he was, all he had to do was re­treat back to the po­lice line. He rushed at pro­test­ers with a gun drawn to pick a fight, and peo­ple are act­ing as if he were just there to keep the peace.

“He fired INTO A CROWD, and it’s a mir­a­cle he did­n’t hit more peo­ple. More peo­ple that had­n’t thrown a plas­tic bag. More peo­ple that were just try­ing to protest po­lice bru­tal­i­ty, which is a real is­sue in this country.

“And then when he did fi­nal­ly run away, some more pro­test­ers at­tempt­ed to sub­due him af­ter he had al­ready mur­dered some­one, he tripped, and shot two peo­ple try­ing to stop him from shoot­ing others.

“The fact that the po­lice didn’t ar­rest him and take him into cus­tody right then and there, even if they sus­pect­ed it could be self de­fense, is a grave is­sue with that po­lice department.

“I could fur­ther dis­sect this sit­u­a­tion, but for now I’m go­ing to end with peo­ple pass­ing around mis­in­for­ma­tion about the vic­tims be­ing ‘crim­i­nals so they de­served it.’

“First, there are no ac­tu­al records of Ja­cob Blake or the peo­ple shot by Rit­ten­house be­ing in the of­fi­cial sex of­fend­er’s reg­istry. None of them raped a 14 year old girl years ago, that is com­plete fab­ri­ca­tion be­ing pur­pose­ly spread by right wing ex­trem­ist sites in or­der to try and jus­ti­fy the shootings.

“Ja­cob Blake was in­deed await­ing tri­al for sex­u­al as­sault and tres­pass­ing, and did have a war­rant for his ar­rest. It was not as­sault on a child, be­cause that is a dif­fer­ent charge with a dif­fer­ent ti­tle. On the charg­ing doc­u­ment, it would lit­er­al­ly say that it was against a child. From what is pub­licly known, he al­leged­ly broke into an ex girlfriend’s house and al­leged­ly as­sault­ed HER, but he is in­no­cent un­til proven guilty, and still de­serves his day in court. He could tru­ly be innocent.

“Rit­ten­house­’s vic­tims do not ap­pear to have had any record, and even if they did, he couldn’t have known that at the time. You can­not in­sist a shoot was jus­ti­fied AF­TER the fact be­cause ‘that per­son was a crim­i­nal.’ Crim­i­nals have rights too, whether you like it or not, and it is en­shrined in the very doc­u­ments that built our coun­try. If you don’t like the con­sti­tu­tion and bill of rights, I don’t know what to tell you.

“This is also not MY OPIN­ION, this is lit­er­al­ly how the crim­i­nal jus­tice sys­tem and our laws work. I hold a de­gree in para­le­gal stud­ies and served 8 years as an Army para­le­gal. I’ve worked for the crim­i­nal di­vi­sion in the Chica­go US At­tor­ney’s Of­fice, and cur­rent­ly work in fed­er­al law en­force­ment. This is what I do for a liv­ing, and I am not pulling this out of my ass, and my knowl­edge is a cul­mi­na­tion of work­ing in the field and be­ing pas­sion­ate about jus­tice for 16 years. I’d be hap­py to send you sources and opines and case law and statutes if you need it. I did not get this from ‘main­stream me­dia,’ and I am not brain­washed by the left. I’m an in­de­pen­dent progressive.

“May he face jus­tice for what he did, and may we find a way to get on com­mon ground be­fore more fus­es to this pow­der keg are lit.

“This has been my Ted Talk.”

—words from a mil­i­tary le­gal worker

 

“We see the word ‘brav­ery’ thrown around a lot. You want to know what brav­ery looks like? At­tack­ing a guy armed with an AR-15 af­ter you just saw him shoot some­one in the head … and all you have is a skate­board. Brav­ery looks like this.”
—Aaron Brum­ley

“He took that f*cking bullet.”

The girl­friend of one of the Kenosha shoot­ing vic­tims gave this emo­tion­al trib­ute to An­tho­ny Hu­ber. pic.twitter.com/CVUKuQgWol

— AJ+ (@ajplus) Sep­tem­ber 2, 2020

 

—ja­son malmberg

Flom­mist Ja­son Malm­berg is a sim­ple man who be­lieves in brown liquor and small dogs. He also makes art some­times. Copy­right © 2020 Ja­son Malmberg.

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