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[–][deleted] 1 insightful - 3 fun1 insightful - 2 fun2 insightful - 3 fun -  (3 children)

Judges do that. It wasn’t an emotional reaction. He was admonishing the defense lawyer.

[–][deleted] 1 insightful - 4 fun1 insightful - 3 fun2 insightful - 4 fun -  (2 children)

Yes, it's a normal concern by a judge who is concerned with the process. However, he was admonishing the DA, for reasons noted here.

In any event, the judge and DA are both really odd, as if they might be trying to help Kyle. But this is what he's obvious guilty of:

first-degree reckless homicide against Joseph Rosenbaum

first-degree recklessly endangering safety against Richard McGinnis 

first-degree intentional homicide against Anthony Huber

attempted first-degree intentional homicide against Gaige Grosskreutz

first-degree recklessly endangering safety against an unknown male victim

possession of a dangerous weapon by a person under 18 

Kyle's crying theatrics today should also be obvious evidence of his attempt to manipulate the jury, to which he looked while crying like a terribly back actor.

[–]FediNetizen 4 insightful - 2 fun4 insightful - 1 fun5 insightful - 2 fun -  (1 child)

You're joking, right?

Rosenbaum had been acting very aggressively towards the people on Kyle's patrol, and told Kyle that if he "caught him alone that night he was gonna fucking kill him". He caught Kyle by himself later that night, and tried to jump him. Kyle managed to get away and Rosenbaum started chasing him. Kyle tried turning around and pointing his gun at him but this didn't deter Rosenbaum, who kept chasing him, and when he was right behind him and lunged for his gun was when Kyle finally shot him.

The forensic pathologist that examined Rosenbaum's body found injuries to Rosenbaum's left hand not only from a bullet, but from the soot ejected from the end of the barrel. He said this only happens if the skin is less than a foot from the end of the barrel, and usually when it's within a few inches. And notably, only the section of his hand from the middle/ring fingers to thumb had these injuries. The pinky area didn't, indicating that part of his hand was behind the end of the barrel. So if his hand wasn't on the barrel, it was really damn close, proving he was trying to grab it.

With regards to the other homicides, Kyle was running towards police after the first shooting to turn himself in (you're supposed to do this even if acting in self-defense), and had members of the crowd throw stuff at him and cause him to trip. It was at this point that an unnamed man ran up and kicked him in the head. Kyle fired at this guy twice, and this was the only guy he missed.

Then right after that Anthony Huber ran up, hit Kyle in the head (or his neck?) with his skateboard, and grabbed his gun to try to take it away. Kyle shot this guy once, dropping him almost instantly.

Then finally Grosskreutz approached Kyle with a pistol in his hand. Kyle pointed his rifle at him and Grosskreutz did this fake surrender maneuver where he held his hands up, but as soon as Kyle dropped his gun Grosskreutz pointed his pistol at him. He was too slow though, leading to his bicep getting vaporized and the creation of this hilarious meme.

  • When someone has threatened to kill you, tries to jump you, is chasing you, isn't deterred by you merely pointing your gun, and is now trying to take your gun, you are justified in using deadly force to defend yourself.

  • When someone runs up and kicks you in the face while you are on the ground, you are justified in using deadly force to defend yourself.

  • When someone runs up and hits you in the head with a skateboard while you are on the ground, you are justified in using deadly force defending yourself.

  • And when someone runs up with a pistol in their hand and points it at you, you are justified in using deadly force to defend yourself.

People have argued that Kyle really shouldn't have been there that night (possibly true), that he crossed state lines with a gun to be there (not true, the weapon was always in Wisconsin, and he lives 15 minutes away), and that he was looking for trouble (not true based on all the witness testimony that night stating that he had been friendly and non-confrontational whenever any less serious confrontation came up).

None of that has any substantial truth to it, but even if it did, it's irrelevant to his self-defense case. The fact is that every time Kyle fired his gun, it was in response to the threat of death or serious bodily harm, and he was justified in using deadly force to neutralize that threat. No one is going to convict someone of "recklessly endangering safety" for shooting someone in self-defense when that person had another person behind them. With the curfew charge having been dropped because it was declared unconstitutional by a judge in another case, the only possible crime he could actually be convicted of here is the underage weapons possession charge, and I'm not even sure if he was actually in violation of that based on this section which specifically exempts minors over 16 in possession of a rifle or shotgun. The judge apparently wasn't sure either, and he said he would have to read the statute more closely and would give the jury specific instructions about it when it came time to determine his guilt.

Bottom line is that he's not obviously guilty of any of those things, and for most of them it's quite the opposite.

[–][deleted] 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

Thanks for this. Welcome back! As you can see, I think Kyle provoked those responses, but I do appreciate that these are also good arguments for his self defense. How this is addressed legally is quite complicated. If only the judge and DA were not idiots.