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Old 08-28-2020, 11:19 AM
 
Location: Del Rio, TN
39,875 posts, read 26,532,311 times
Reputation: 25777

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By now, I imagine everyone has seen the videos from Kenosha concerning Kyle Rittenhouse. We have all seen how he was attacked on at least two occasions by a violent mob. In both cases this child was running away from vicious thugs trying to harm him. In the first case he was attacked by someone throwing what appears to be a flaming "Molotov Cocktail" (some claim it was "just" a brick in a plastic bag). In the 2nd incident, he was on the ground where he was kicked in the head, struck in the head with a large wood board and assaulted by a criminal with a handgun in his hand.

The point? Kyle did everything possible to get away from the mob, before finally defending himself. He was in obvious danger of imminent great bodily harm or death. All three of the people shot had violent criminal histories. It's obvious that this was a clear-cut case of self defense.

In spite of this, in spite of all the evidence that he did nothing wrong, a vindictive DA has charged him with murder. Obviously he will be acquitted (unless the DA manages to populate the jury only with BLM/Pantifa thugs anyway).

So, the question-how much can Rittenhouse be awarded in the malicious prosecution case against the DA (and city)?

Quote:
How Can You Prove Malicious Prosecution?
A malicious prosecution is essentially a baseless accusation brought against an individual for the purposes of harassing or distressing him or her. The plaintiff in a malicious prosecution case must provide evidence for several factors to succeed in a claim. These four elements include:

Proving the initiator of the prosecution acted in bad faith, or for some other reason other than the pursuit of justice against an alleged offender.
The resulting proceeding led to a ruling in the victim’s favor.
There was no probable cause that would have reasonably led to the proceeding.
The initiator of the proceeding acted with malice toward the victim.
All of these seem like pretty clear-cut conclusions.

https://www.injuryattorneyofdallas.c...in%20a%20claim.

Lets hope this child makes out well and provides a deterrence against politically motivated prosecution by corrupt DAs.
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Old 08-28-2020, 11:20 AM
 
3,811 posts, read 4,696,911 times
Reputation: 3330
When this is all said & done. He'll be winning lawsuits just like that Catholic High school kid.
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Old 08-28-2020, 11:29 AM
 
17,311 posts, read 12,267,497 times
Reputation: 17263
He violated multiple laws just being there with the firearm at his age. Which throws into question whether he is even eligible for a self defense claim as he was engaged in criminal activity.
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Old 08-28-2020, 11:29 AM
 
Location: Ohio
2,313 posts, read 2,508,620 times
Reputation: 1303
Quote:
Originally Posted by notnamed View Post
He violated multiple laws just being there with the firearm at his age...which throws into question whether he is even eligible for a self defense claim as he was engaged in criminal activity.
Exactly. I dont understand why people dont realize this.
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Old 08-28-2020, 11:34 AM
 
Location: OH->FL->NJ
17,005 posts, read 12,602,310 times
Reputation: 8930
Sometimes everyone is bad. This looks like one of those times.
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Old 08-28-2020, 11:40 AM
 
Location: Del Rio, TN
39,875 posts, read 26,532,311 times
Reputation: 25777
Quote:
Originally Posted by notnamed View Post
He violated multiple laws just being there with the firearm at his age. Which throws into question whether he is even eligible for a self defense claim as he was engaged in criminal activity.
The only law he violated was being underage for open carry in WI. A misdemeanor, if not just a citation like running a red light. That doesn't mean he shouldn't be able to protect himself from violent savages trying to hurt or even kill him.

Perfect example of why it's better to be tried by 12 than carried by 6.
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Old 08-28-2020, 11:42 AM
 
Location: Ohio
2,313 posts, read 2,508,620 times
Reputation: 1303
Quote:
Originally Posted by Toyman at Jewel Lake View Post
The only law he violated was being underage for open carry in WI. A misdemeanor, if not just a citation like running a red light. That doesn't mean he shouldn't be able to protect himself from violent savages trying to hurt or even kill him.

Perfect example of why it's better to be tried by 12 than carried by 6.
What about Illinois?
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Old 08-28-2020, 11:46 AM
 
7,300 posts, read 3,400,866 times
Reputation: 4812
Sorry. Defending yourself against attempted murder by freedom fighters is racist. He was inhibiting the fight for freedom by defending himself. He'lll be charged with a hate crime.
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Old 08-28-2020, 11:48 AM
 
Location: OH->FL->NJ
17,005 posts, read 12,602,310 times
Reputation: 8930
You are not a hero if you are seeking out trouble in another state unless you are deputized. Not sure how that would work across state lines.

He would be a hero if it was his house he was defending.

As to correct charges. I honestly have no idea if traveling across state lines underage with a gun negates self defense.
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Old 08-28-2020, 11:50 AM
 
26,694 posts, read 14,579,129 times
Reputation: 8094
Quote:
Originally Posted by brysonTil_ View Post
Man gets shoot in the back for walking into his car.


This kid walks past cops while having a gun strapped to his chest with people yelling that he shot someone and is apprehended the next day.
Man gets shoot in the back for walking into his car to retrieve his weapon.
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