Kyle Rittenhouse Testimony Transcript Homicide Trial November 10

Speaker 1: (00:00)
… swear the testimony you’re about to give in this matter be the truth, the whole truth, and nothing but the truth, so help you God.

Kyle Rittenhouse: (00:04)
Yes.

Speaker 1: (00:04)
You may be seated.

Attorney 1: (00:11)
Could you please state your name, spelling your last name for the record?

Kyle Rittenhouse. R-I-T-T-E-N-H-O-U-S-E.

Attorney 1: (00:20)
Kyle, where do you reside?

Walworth County.

Attorney 1: (00:23)
How old are you?

18.

Attorney 1: (00:25)
On August 25th of 2020, did you come to downtown Kenosha to look for trouble?

No.

Attorney 1: (00:32)
Would you have shot Joseph Rosenbaum if he hadn’t chased you, trying to take your firearm?

Attorney 2: (00:37)
Objection, leading.

Judge: (00:39)
That sounds kind of leading.

Attorney 1: (00:41)
Would you … I’ll get to it. Are you a high school graduate?

Yes.

Attorney 1: (00:48)
What high school?

Penn Foster Online High School.

Attorney 1: (00:51)
Are you currently enrolled in any further studies?

I’m a college student studying nursing at Arizona State University.

Attorney 1: (01:00)
Who do you currently live with?

My mom and two sisters.

Attorney 1: (01:04)
Directing your attention to August 25th of 2020, where did you reside?

Antioch, Illinois.

Attorney 1: (01:12)
Do you remember the address?

286 Anita Terrace, Apartment 104, Antioch, Illinois.

Attorney 1: (01:18)
And who did you live with there?

My mother and two sisters.

Attorney 1: (01:22)
What’s your father’s name?

Michael Rittenhouse.

Attorney 1: (01:25)
Back on August 25th of 2020, where did he reside?

He lived in the city of Kenosha, in the apartments behind the Pick ‘n Save on 50th.

Attorney 1: (01:39)
Do you have any other family that’s from Kenosha?

Yes.

Attorney 1: (01:42)
What?

My grandmother, my aunt, my uncle and cousins all live in the city of Kenosha.

Attorney 1: (01:49)
Okay. There’s been testimony in this trial about the firearm in question, which has been marked [inaudible 00:01:59] state’s 28. Have you seen that gun?

Yes.

Attorney 1: (02:05)
Before August 25th of 2020, had that gun ever left the state of Wisconsin?

No.

Attorney 1: (02:14)
Now, before this event happened on August 25th of 2020, did you have any hobbies?

Yes.

Attorney 1: (02:23)
Tell the jury what you liked to do.

I was a swimmer. I enjoyed working. I was a lifeguard. Hanging out with friends, going to the beach, just normal teenage stuff.

Attorney 1: (02:37)
Were you a member of any organized groups?

Yes.

Attorney 1: (02:42)
What?

I was a police explorer for Grayslake Police Department and I was a firefighter EMT cadet for Antioch Fire Department.

Attorney 1: (02:50)
Did you have any training in life saving, anything like that?

Yes.

Attorney 1: (02:58)
What?

I was a certified lifeguard. I am a certified lifeguard and swim instructor. I am certified in stop the bleed, CPR, AED Automatic External Defibrillator, and basic life support.

Attorney 1: (03:15)
Okay. On August 25th of 2020, where were you employed?

I was furloughed at the YMCA in Lindenhurst, Illinois because of the COVID-19 pandemic, and I was working at the RecPlex in Pleasant Prairie.

Attorney 1: (03:34)
Okay. RecPlex here in Kenosha County?

Yes.

Attorney 1: (03:37)
Now, on the night of the 24th, did you come to downtown Kenosha?

Not downtown, but I came to Kenosha for work.

Attorney 1: (03:46)
Okay. And after your shift at work completed, where did you go?

I went to Dominic Black’s stepfather’s house. I believe his name is Scott [Dickhart 00:03:55]. It’s been a while since I’ve seen him.

Attorney 1: (03:57)
Okay. And who is Dominic Black in relationship to you?

Dominic Black and my sister McKenzie Rittenhouse used to date.

Attorney 1: (04:08)
Okay. And on the night of the 24th, were you aware of anything going on in Kenosha?

I knew there was protests, demonstrations, and riots going on in the later evening.

Attorney 1: (04:20)
Okay. And how were you aware of that?

I saw videos on social media, on Facebook live streams, TikTok. I saw the Car Source lot being burned down, the Car Source one, what we’ve been referring to. I saw a police officer get assaulted. He had a brick thrown at his head. And I saw the mattress store owner get knocked out and I believe his jaw was broken. It had to be wired shut or something.

Attorney 1: (04:50)
And you saw all of that on the 24th?

Yes.

Attorney 1: (04:53)
Did you go to downtown Kenosha at that time and try and do anything about that?

No, I did not.

Attorney 1: (04:59)
Directing your attention to the late morning of August 25th, 2020, did you have occasion to go downtown?

I did go to downtown in the morning of August 25th.

Attorney 1: (05:14)
Who did you go there with?

I went there with Dominic Black, my sister McKenzie Rittenhouse, and Ray Dickhart.

Attorney 1: (05:19)
And describe what you did.

We walked around for a little bit and then I believe at around 11:30, noon, we ended up at Reuther Central High School where we ended up cleaning graffiti for about, I want to say an hour and a half to two hours.

Attorney 1: (05:35)
Can I see the [inaudible 00:05:36] please?

Attorney 1: (05:42)
Show you what’s been previously marked as exhibit 131. Do you recognize that?

I do.

Attorney 1: (05:49)
Could you describe what you see in that photo?

Towards the left in the olive green shirt, that’s me. And then to my left, that’s Ray Dickhart. And to my right, that’s my sister McKenzie Rittenhouse.

Attorney 1: (06:01)
What are you doing there?

We were cleaning graffiti off of Reuther Central High School.

Attorney 1: (06:06)
Were you getting paid to do this?

No, I was not.

Attorney 1: (06:09)
And you see what the graffiti says?

Yes.

Attorney 1: (06:13)
And you knew what it said as you were cleaning it off?

Yes.

Attorney 1: (06:16)
I won’t repeat it. After you were done doing that, what did you do?

We were walking and we went to the Car Source lot, the first location, and we were looking at the destruction of the burnt cars and we saw the owners, Sam and Sal. I believe that’s what they told us their names were.

Attorney 1: (06:39)
And you saw … when we say Car Source, the one that you met Sam and Sal at is what we’ve been referring to as Car Source number one?

Yes.

Attorney 1: (06:49)
And that’s the one that they just played a video of all the burnt out cars?

Yes.

Attorney 1: (06:53)
Did you have any discussions with Sam and Sal?

Briefly. I offered my condolences and I said, “If there’s anything I can do, please reach out to me.” He gave me his number. I gave him my number.

Attorney 1: (07:10)
You were with Dominic Black at that time?

I was.

Attorney 1: (07:14)
And your sister?

Yes.

Attorney 1: (07:16)
And what did you do after that?

After that, we walked back to … I believe we parked our car by … You see the parking lot?

Attorney 1: (07:28)
Do you have the pointer up there?

Yes. We parked our car right in this parking lot on that corner, somewhere over there.

Attorney 1: (07:38)
I can’t see that far. I’m sorry. You’re referring to the parking lot, which is at the corner 59th and Sheridan. It would be the Southeast corner, correct?

Correct.

Attorney 1: (07:54)
And you’re pointing the dot, you parked closer to Eighth Street, correct?

Yes.

Attorney 1: (08:01)
Okay, you can put the pointer down. And whose car did you get there in?

Dominic Black’s.

Attorney 1: (08:08)
And when you left, where did you go?

Once we left that parking lot, we went to Dominic Black’s stepfather’s house again and we hung out there for a little bit.

Attorney 1: (08:17)
Okay. And do you know who Nick Smith is?

I do.

Attorney 1: (08:23)
And did you have any contact with Nick Smith that afternoon?

Later in the evening, around 3:30, 4:00, Nick Smith called me and Dominic.

Attorney 1: (08:31)
And when he called you, what was the nature of the call?

At first, Nick Smith wanted us to drive him to Chicago … not Chicago. By O’Hare Airport, the suburbs of Chicago, because he wanted to buy a bulletproof vest. And Dominic said, “Okay, we’ll drive him.” And then he said, “Okay, I need you to pick me up at like 3:30, 4:00.”

Attorney 1: (08:57)
Okay. Did you go and pick him up eventually?

Yes, before we picked him up, we went to Jalensky’s.

Attorney 1: (09:06)
Okay. What did you do at Jalensky’s?

Dominic wanted me to buy two rifles slings.

Attorney 1: (09:16)
And did you?

I did.

Attorney 1: (09:17)
One was for what?

One was for my rifle and the other one was for Dominic’s rifle.

Attorney 1: (09:22)
Okay. And why did you care about your rifles that evening?

The reason for the slings were just so it’s like a retainer, so if I’m helping somebody with first aid, I can just like dangle my rifle behind me and I don’t have to worry about somebody just randomly going and picking it up off the ground, just as like an extra measure so it won’t be taken from the ground.

Attorney 1: (09:51)
And what time did you go to Jalensky’s?

I want to say about 2:30, but I don’t know exactly for sure.

Attorney 1: (09:56)
Okay. When did you first have contact with Nick Smith?

3:30.

3:30. 3:15.

Attorney 1: (10:05)
All right.

3:15, 3 30.

Attorney 1: (10:07)
And was there any discussion regarding Car Source at that time?

Yes.

Attorney 1: (10:11)
What?

Nick Smith, once we picked him up, we drove. He wanted to go to a bank to withdraw money. The bank was closed, and then he was like, “Hey, would you guys like to come with me and help watch over the car source, make sure there’s no fires or anything?” And Dominick said, “Yes.” I agreed. I said, ” Okay,” and then I said “Here, Nick, I don’t really need my bulletproof vest. I’m going to be helping people with first aid, so I gave him my bulletproof vest.

Attorney 1: (10:38)
And by you giving him your bulletproof vest, did that stop the need to go to someplace by O’Hare airport?

Yes.

Attorney 1: (10:49)
Okay, and why does a 17 year old kid have a bulletproof vest?

It was issued to me by the Grayslake Police Department.

Attorney 1: (10:57)
All right. You didn’t purchase it?

No, I did not.

Attorney 1: (11:00)
And after you gave him your bulletproof vest, where to go?

We went back to Nick Smith’s house where we parked Dominick Black’s car.

Attorney 1: (11:09)
And then what did you do?

We walked from Mr. Smith’s house. Once we parked at Nick Smith’s house, we walked from Nick Smith’s house to the Car Source one, cutting through the Reuther Central backside parking lot because Nick Smith lives on the same street of-

Attorney 1: (11:34)
You don’t have to say where Nick Smith lives.

Okay.

Attorney 1: (11:36)
He lives within a walking distance from here?

Yes.

Attorney 1: (11:38)
Okay. And so you go to Car Source one?

Yes.

Attorney 1: (11:42)
And that’s the [inaudible 00:11:43] one?

No. Car Source two. My bad. Across the street.

Attorney 1: (11:47)
Okay. And at Car Source two, that’s where you spent most of the evening?

Yes.

Attorney 1: (11:52)
Okay. When you first got to Car Source two, the one at 59th and Sheridan, what happened?

The owners were there, Sam, Sal, and his father, and I believe, I think it was his uncle there also. He was driving a van of some sort.

Attorney 1: (12:12)
Okay. And what was the discussion?

Sam and Sal thanked us for coming out to help, and then Sal said, “Hey, why don’t you guys hop in my car?” If I remember correctly, it was either a white or black BMW or Mercedes. I don’t recall exactly.

Attorney 1: (12:30)
And why did he want you to get in his car?

He was going to drive us down to Car Source lot number three.

Attorney 1: (12:36)
Okay. And did you agree to get in his car?

I did.

Attorney 1: (12:39)
And who went to Car Source number three?

Me, Dominick Black, and Nick Smith.

Attorney 1: (12:46)
And who was driving?

Sal.

Attorney 1: (12:50)
And when you got there, what happened?

We got out, and we hung around for a couple minutes, and then some people showed up. I now know who they are, but at the time I didn’t.

Attorney 1: (13:01)
Okay.

Speaker 2: (13:02)
Can I [inaudible 00:13:03] please?

Attorney 1: (13:02)
Show you what’s been marked as exhibit 30, 3-0. Do you recognize that exhibit?

I do.

Attorney 1: (13:20)
And can you..

Speaker 2: (13:22)
Your Honor? Your Honor, can I?

Attorney 1: (13:25)
Can you go up there please? Can you point out the people who you knew before that picture was taken, and name them?

Yes. This is Sal, the owner. This is Ryan Balch. This is JoAnn Fiedler. This is Justin Hamilton. This is Dustin Colette. This is Nicholas Smith. I don’t recall his name. This is me, and this is Dominick Black.

Attorney 1: (14:21)
Okay. You can have a seat. We’ve heard testimony about you, Nick, and Dominick. You knew those individuals before August 25th, 2020?

I knew Nicholas Smith and Dominick Black.

Attorney 1: (14:37)
Okay. You did not know the owner of Car Source previously?

I did not.

Attorney 1: (14:44)
Was he being nice to you guys? Was he happy you were there? Was he mad at you for being there? Describe it.

He was happy we were there.

Attorney 1: (14:52)
Okay. And you heard their testimony, the two owners, I believe that was Friday afternoon?

I did.

Attorney 1: (14:59)
And did they give you permission to be there?

They did.

Attorney 1: (15:05)
And the other individuals in this photograph, some of whom have testified in this trial, 10 minutes before this photograph was taken, did you know any of them?

I did not.

Attorney 1: (15:17)
Had you ever spoken to any of them?

No.

Attorney 1: (15:20)
And when you were there, what was the idea? Was there a plan? What was going to happen?

Yes, the plan was to… I went down there to provide first aid. I also… I brought my orange first aid kit, the fanny pack, and I also brought my Pelican box which was filled with first aid stuff, by my feet to provide first aid.

Attorney 1: (15:44)
Wait, the orange box by your feet, you referred to as the Pelican box?

Yes.

Attorney 1: (15:49)
Did you have that before the 25th?

Yes.

Attorney 1: (15:51)
Was it stocked?

Yes.

Attorney 1: (15:53)
With things that you had bought and brought?

Yes.

Attorney 1: (15:56)
And do you go with that every day or is that because of the situation?

It was in the trunk of my car.

Attorney 1: (16:03)
Okay. And the fanny pack? What’s the situation with that?

It was my work bag. I brought it to work with me, and I would put it under my lifeguard booth.

Attorney 1: (16:11)
Okay. And that had first aid supplies?

Yes. Now, after the meeting here at 63rd and Sheridan Road, what’s been referred to as Car Source three, what happened?

After the photograph, I believe… I don’t recall exactly, but there was about two or three vans that pulled up, big vans with people inside of them.

Attorney 1: (16:36)
Okay. And what was their role in this evening?

Well, they showed up and they wanted to protect the business, and I didn’t really have a say in what everybody was doing. I was just there doing my first aid stuff, and then Ryan Balch said, “Hey, why don’t you guys stay here, and we’ll go down to the Car Source number two.”

Attorney 1: (16:57)
Okay. And so a group of people was going to stay at Car Source three, and the people depicted in this photograph were going to go where?

Car Source two.

Attorney 1: (17:09)
And is that what happened?

Yes.

Attorney 1: (17:11)
And so at that point then, Sam and Sal had coverage for lack of a better word, at both of their businesses to protect the property, correct?

Yes.

Attorney 1: (17:22)
So you get down to Car Source two. Did all of these people go there?

Yes, besides Sal, the owner. He did not.

Attorney 1: (17:29)
Okay. During the night, were Sam and Sal there?

They were not.

Attorney 1: (17:34)
They left you guys there?

Yes, I believe Nick Smith was in contact with them throughout the night. I’m not certain, but I believe they were.

Attorney 1: (17:43)
And you get down there. Were you able to get in and out of the business?

Yes.

Attorney 1: (17:48)
How?

Sal, the owner actually gave Nick Smith a set of keys.

Attorney 1: (17:52)
Did you personally see that?

I did.

Attorney 1: (17:55)
Did he give you any other direction regarding any equipment or anything like that?

He let us know where the power washers and the fire… I think there was a single fire extinguisher in the building and some hoses, the hose hookups, just in case there was any fires we needed to put out at the lot.

Attorney 1: (18:11)
Anything else about the roof?

He showed, I believe it was Dominick Black and Nick Smith, the two ladders that were there to get up on the roof.

Attorney 1: (18:20)
Okay. And did you guys use those ladders?

I didn’t personally, but the people that were on the roof did.

Attorney 1: (18:27)
Okay. And you saw them use those ladders?

I didn’t see them, but that’s how they got up there.

Attorney 1: (18:33)
Okay. Where were you predominantly at Car Source two?

I was in front of the Car Source two.

Attorney 1: (18:46)
Now, during the night at Car Source two, did you stay there the whole time?

No, not the whole time.

Attorney 1: (18:54)
Okay. When you would leave Car Source two, what were you doing?

When I left, I was with Ryan Balch, and we would go out and ask if anybody needed any first aid assistance, and we would see if there were any fires, and we would put them out.

Attorney 1: (19:11)
Okay. Did you personally put on any fires?

I did.

Attorney 1: (19:14)
Where?

I put one out at the church.

Attorney 1: (19:19)
Use the pointer.

So right here was where there was the demolishing. They were breaking some stuff down, but right here, I believe there was another building with an alleyway. It was either right here or right here. I don’t remember fully, but there was a fire down the alleyway where they were trying to set the building and church on fire, and me and Mr. Balch, and I believe somebody else was with us… We went to go put that fire out.

Attorney 1: (19:52)
Did you put it out?

We did.

Attorney 1: (19:54)
Then what did you do?

Around that time, we saw Reuther Central High School on fire, the front doors, and we were walk

… Fire the front doors, and we were walking north down Sheridan Road to go put the fire out and then somebody else put the fire out before we got to Reuther Central High School.

Attorney 1: (20:15)
When you say the front, is that right here on Civic Park?

No, sorry. That’s my mistake. You’re walking north on Sheridan. It’s the side of the building on Sheridan road towards the left when you’re walking north.

Attorney 1: (20:27)
In the general area where you had tried to help remove graffiti earlier?

Yes. In that photo to the right.

Attorney 1: (20:34)
Okay, and during the evening, was there any friction between your group and protestors/rioters?

No. The only type of stuff that happened was the person that attacked me first threatened to kill me twice.

Attorney 1: (20:57)
Okay, and the person who threatened to kill you, we now know was Mr. Rosenbaum, correct?

Yes.

Attorney 1: (21:03)
Before August 25th of 2020, had you ever seen him before?

I did not.

Attorney 1: (21:09)
Had you ever done anything to upset him?

No.

Attorney 1: (21:13)
Now, you said he threatened to kill you twice?

Yes.

Attorney 1: (21:19)
Describe the first time.

The first time was me and Ryan Balch were a little bit north towards the north corner of 59th and Sheridan, and Mr. Rosenbaum was walking with a steel chain and he had a blue mask around his face, and he was just mad about something. Me and Mr. Balch were asking people if they needed medical help. Then he screamed, sorry for my language, he screamed, “If I catch any of you fuckers alone, I’m going to fucking kill you.”

Attorney 1: (21:57)
That was directed at you and Mr. Balch?

It was directed at both of us what I believe.

Attorney 1: (22:04)
There was a second occasion where he threatened you?

Yes. The second time was outside of The Car Source, and I don’t know if it was directed towards me, but I heard it. He said it to, I believe it was JoAnn Fiedler, Dustin Colette and another guy. He was screaming. He said, “I’m going to cut your fucking hearts out and kill …” I’m not going to repeat the second word, “But kill you n-words.”

Attorney 1: (22:42)
Now, did you ever see Mr. Rosenbaum doing any physical property damage?

I did.

Attorney 1: (22:50)
Where?

I saw him with, I now know to be Joshua Ziminski. I saw him tip that trailer over and the Porta-Potty. I saw him do both. I believe he tried to start the Porta-Potty on fire. I don’t know. I don’t think he succeeded, but then I saw him with Mr. Ziminski. He was either helping start it or he was like throwing stuff on it. I don’t know which one he was doing.

Attorney 1: (23:20)
Where did you originally see that trailer?

That trailer was in the St. James Church parking lot, sort of like right over here in like the backish corner, what I remember.

Attorney 1: (23:38)
Did you see how it got from there to where it was put on fire?

It was pulled.

Attorney 1: (23:43)
By who?

It was several people that pulled it into the street, but I can’t tell you definitely who pulled it into the street.

Attorney 1: (23:54)
All right, and you went down there and saw them starting a fire?

I didn’t go down there. I was at the corner of The Car Source lot.

Attorney 1: (24:01)
Okay, and you referred to Mr. Ziminski. Before August 25th of 2020 had you ever met Mr. Ziminski? Ziminski. Before August 25th of 2020, had you ever met Mr. Ziminski?

I have not.

Attorney 1: (24:17)
Did you ever meet him since?

I have not.

Attorney 1: (24:27)
Now, when you first saw Mr. Rosenbaum, was his top half of his body clothed or unclothed?

He was clothed with a blue mask, the first time I saw him, yeah, blue mask.

Attorney 1: (24:41)
What color was his shirt, if you remember?

A dark reddish color.

Attorney 1: (24:50)
Now, did you provide medical help to anyone?

I did.

Attorney 1: (24:56)
Describe a couple of those occasions.

The first time I provided medical help to someone was this lady. I think she sprained her ankle or twisted it. I don’t know exactly. I’m not an expert on x-rays or I wouldn’t know. She hurt her ankle and she was being carried by two gentleman, and I said, “Hey” … Before that I was just pepper sprayed, but I was like, “Hey, do you need help?” She said, “Yes,” and I said, “Okay, let’s go into The Car Source,” where I was helping people, and I wrapped her ankle. Then she went on her way and I said … I let her know there was a hospital. If you go, I want to say south down Sheridan, across the street from The Car Source, I let her know that the hospital was over there and she should go get it looked at.

Attorney 1: (25:52)
Okay. Anybody else?

Yes.

Attorney 1: (25:54)
What?

Somebody threw a chemical bomb actually, right after I heard the, “I’m going to cut your hearts out,” from Mr. Rosenbaum. I don’t know who threw it, but somebody threw a chemical bomb and Ryan Balch had some effects of it, so I helped Mr. Balch with being able to breathe and I helped flush his eyes out and had him drink some water.

Attorney 1: (26:20)
Okay. In the answer to the question just before, you said something about being pepper sprayed?

I did.

Attorney 1: (26:31)
Where did that happen?

That happened at The Car Source, right, I think, I believe it’s the first time a big crowd of people were over there. I was pepper sprayed by somebody that was in the crowd. I don’t know why, but I was pepper sprayed.

Attorney 1: (26:47)
Did you do anything in retaliation?

I did not.

Attorney 1: (26:51)
Now, directing your attention to later in the evening, did there come an occasion where you had contact with Mr. McGinnis?

There was.

Attorney 1: (27:04)
Before this evening, August 25th, 2020, had you ever met or spoke to Mr. McGinnis?

I have not.

Attorney 1: (27:12)
You and Mr. McGinnis and Mr. Balch go someplace?

Yes.

Attorney 1: (27:18)
Describe that.

I get done with my interview with Mr. McGinnis and I ask him, I asked Mr. McGinn- … No, I don’t ask him. I said, “If you want to come with us, that’s fine to document and film me and Ryan helping people.” He said, “Yeah, sure,” and he followed behind us.

Attorney 1: (27:42)
In that tape for Mr. McGinnis, there’s talk about you being an EMT, correct?

Yes.

Attorney 1: (27:48)
Are you an EMT?

I am not.

Attorney 1: (27:50)
You have first aid and other training [crosstalk 00:27:52]?

I do.

Attorney 1: (27:54)
You go to south on Sheridan Road?

Correct.

Attorney 1: (27:59)
You cross 60th and Sheridan Road?

I believe we stayed just to the right, going south on Sheridan Road.

Attorney 1: (28:08)
Eventually you cross Sheridan Road?

Eventually.

Attorney 1: (28:12)
Were the Bearcats there yet?

Yes, they were.

Attorney 1: (28:21)
Okay. Had they set up a line to stop people that you were aware of?

Not that I was aware of. I just know they were parked right there and people were throwing rocks at them.

Attorney 1: (28:30)
Did anybody tell you not to cross that line, you wouldn’t be able to go back?

Not until later in the evening.

Attorney 1: (28:35)
Okay. You cross that line. Where do you go?

We continue straight in the southernly direction down Sheridan Road.

Attorney 1: (28:45)
Okay. Were you going any place in particular?

No. We were just going to see if anybody needed medical help and I looked at a guy’s shoulder on the way there.

Attorney 1: (28:54)
Okay, and you finish with the guy’s shoulder and you continue on and what happens?

I continue walking in a southernly direction, down Sheridan Road, and then as I’m walking, I believe you guys have been referring to him as yellow pants. He said something to me. I believe it was, “You were the one that pointed your rifle at me with the laser pointed at me.” I believe that’s what I heard. I didn’t. That’s the first time I saw him that night, so I was confused, so I said, “I did,” and then I continued to walk away.

Attorney 1: (29:45)
Was the “did” an admission that you did it or more of a statement with a question.

It was a sarcastic remark.

Attorney 1: (29:53)
Okay. Did you engage with him any further?

No.

Attorney 1: (29:57)
From there, where do you go?

There, I continue walking in a southerly direct- …

There I continue walking in a southerly direction, merging towards the middle of Sheridan Road.

Attorney 1: (30:08)
At that point do you become aware of anything?

As I’m walking, I started to look because I realized Mr. Balch is not with me anymore.

Attorney 1: (30:17)
Did you continue on your way down Sheridan Road without Mr. Balch?

No. I actually went to go look for Mr. Balch in the Ultimate gas station parking lot.

Attorney 1: (30:30)
When you went to the Ultimate gas station parking lot, describe what was going on there.

There were a lot of people there. I don’t really know what was going on, I was just focused on trying to find Mr. Balch. As I was looking for him, couldn’t find him. I said, okay, no problem. I’ll just go back to the Car Source lot Car Source number too.

Attorney 1: (30:56)
And describe what happened as you did that.

As I did that, I received a phone call from Dominick Black.

Attorney 1: (31:03)
Let me back up. Were you able to get back the Car Source number two?

No. I did not.

Attorney 1: (31:08)
Describe that.

As I was trying to get back, the police stopped me… Well, didn’t stop me. I believe they said something along the lines of to not go down there. And I was telling them, hey, I need to go down there. That’s where I’m at, that business. I don’t remember exactly how that conversation went, but they wouldn’t let me go back to Car Source lot number two.

Attorney 1: (31:35)
So you weren’t able to get back to Car Source two?

I was not.

Attorney 1: (31:38)
Did you disobey the police’s order?

No.

Attorney 1: (31:43)
You’re alone. You’re stuck on the other side of the police line from the Car Source two, where do you go?

I go to where there’s other people at the gas station protecting the gas station, I go there because I believe that’s the safest place to go because there’s other people there.

Attorney 1: (32:05)
At that point, were you able to climb Mr. Balch?

I was not.

Attorney 1: (32:08)
While, you’re at the Ultimate gas station, I think we’ve been calling it?

Correct.

Attorney 1: (32:14)
Point it out, just so it’s known.

Right there. The Ultimate convenience center diagonal from the Gulf gas station.

Attorney 1: (32:25)
Okay. And when you were there, what’s the next significant thing that happened?

Dominick Black calls me and he says, “Kyle, I need you to get down to the Car Source lot number three, the cars are being bashed in. They’re setting all the cars on fire. I need you to go and put the fires out.”

Attorney 1: (32:50)
And did you do anything as a result of that phone call?

I did.

Attorney 1: (32:55)
What?

At the Ultimate gas station, I don’t know who he is, but I asked an individual if he could come with me and if I could have a fire extinguisher to put out the fires.

Attorney 1: (33:07)
Were both of those requests satisfied?

One of them were.

Attorney 1: (33:12)
What?

I was given a fire extinguisher, but he said he can’t come with me. And he said, he believes there’s already people down there helping protect the business.

Attorney 1: (33:22)
And what did you do then?

I start running towards the Car Source lot number three to put out the fires, pausing occasionally to catch my breath and walk.

Attorney 1: (33:37)
Okay. On the way to Car Source three, did you have any interaction with Mr. Rosenbaum?

I did not.

Attorney 1: (33:49)
Did you speak to Mr. Rosenbaum?

No.

Attorney 1: (33:52)
Did you notice Mr. Rosenbaum doing anything as you went down to Car Source three?

I didn’t notice Mr. Rosenbaum until he came out from behind the car and ambushed me.

Attorney 1: (34:05)
Okay. I’ll get to that. Did you run the whole way?

No, I didn’t.

Attorney 1: (34:11)
You had your gun, correct?

Yes.

Attorney 1: (34:15)
And you had a fire extinguisher?

Yes.

Attorney 1: (34:17)
And you had your medic?

My medical bag, yes.

Attorney 1: (34:19)
And were you asking people about medic at that point?

I was asking people if they needed medical help, as I was getting down there.

Attorney 1: (34:27)
Did you receive any responses?

No, I didn’t.

Attorney 1: (34:30)
Describe your approach to Car Source number three.

As I’m walking down Sheridan Road, I hear somebody scream, “Burn in hell.” And I reply with, “Friendly, friendly, friendly.” To let them know, hey, I’m just here to help. I don’t want any problems. I just want to put out the fires if there are any. I continue walking and then I notice the Duramax, I notice a flame in the back seat of the Duramax and I stepped towards the Duramax and as I’m stepping forward, I believe his name is now Joshua Ziminski, he steps towards me with a pistol in his hand. As I’m walking towards to put out the fire, I drop the fire extinguisher and I take a step back.

Attorney 1: (35:28)
Okay. When you step back from MR. Ziminski, what’s your plan?

My plan is to get out of that situation and go back north down Sheridan Road to where the Car Source lot number two was.

Attorney 1: (35:46)
And did you get back, were you able to go in a northerly direction?

I wasn’t.

Attorney 1: (35:53)
Describe what happens.

Once I take that step back, I look over my shoulder and Mr. Rosenbaum was now running from my right side and I was cornered from, in front of me with Mr. Ziminski and there were three people right there.

Attorney 1: (36:37)
Take a deep breath Kyle.

That’s when I run [inaudible 00:36:57].

Speaker 3: (37:00)
We’re going to just take a… Time for our break anyway. You can just relax for minute, sir. We’re going to take a break about 10 minutes and please don’t talk about the case during the break, read, watch and listen to any comment on the trial.

There was three people right there.

Attorney 1: (00:31)
Take a deep breath Kyle.

Speaker 3: (00:33)
It’s time for our break anyway. You can just relax for a minute, sir. We’re going to take a break, about 10 minutes and please don’t talk about the case during the break, read, watch, and listen to any [inaudible 00:00:43].

Attorney 1: (00:46)
Kyle, you were testifying about coming into contact with Mr. Rosenbaum?

Yes.

Speaker 4: (00:59)
Wait, wait, wait.

Attorney 1: (00:59)
I apologize.

Speaker 3: (00:59)
Oh, forgive me. Have we got everybody?

Attorney 1: (01:06)
You were testifying about coming into contact with Mr. Rosenbaum?

Yes.

Attorney 1: (01:10)
And you saw Mr. Rosenbaum, what happened?

Once I got to that car and I stepped forward to put that fire in the Deramax out, Mr. Ziminski stepped towards me, I went to go run back South down Sheridan and Mr. Rosenbaum was right there at the corner of the Deramax starting to chase me. And that’s when I realized the only place I can run with the people around me is straight towards the building of the car source lot number three.

Attorney 1: (01:48)
When you saw Mr. Rosenbaum, that’s when you said, “Friendly, friendly.”

When I heard, “Burn inside.” I don’t know exactly where I was at in the time for that.

Attorney 1: (01:57)
Did Mr. Rosenbaum say anything to you?

No. Mr. Ziminski instructed, Mr. Rosenbaum to get him and kill him. That’s what I heard.

Attorney 1: (02:07)
And you go running, what’s been referred to the Southwest corner of Car Source?

Yes.

Attorney 1: (02:18)
And as you’re running in that direction, describe being chased. What was happening?

As I’m running in that Southwest direction, Mr. Rosenbaum throws, at the time, I know it’s a bag now, but when he threw it at me with the light, it looked silver and it looked like the chain when he threw it at me. And then, I turn around for about a second while continuing to run and I point my gun at Mr. Rosenbaum.

Attorney 1: (02:56)
Does that stop him from chasing you?

It does not.

Attorney 1: (02:59)
Okay. After you turn around and you head your hands up in a low ready position …

Yes.

Attorney 1: (03:06)
… and you see Mr. Rosenbaum coming at you?

Yes.

Attorney 1: (03:11)
And what do you do then?

After he throws the bag and he continues to run, he’s gaining speed on me. A gunshot is fired from behind me, directly behind me and I take a few steps and that’s when I turn around. And as I’m turning around, Mr. Rosenbaum is I would say from me to where the judge is coming at me with his arms out in front of him. I remember his hand on the barrel of my gun.

Attorney 1: (03:47)
And why didn’t you just keep running?

When I was over there, there were about 100 people surrounding those cars, and there was no space for me to continue to run to.

Attorney 1: (04:04)
Okay. And so, you turned around?

Yes.

Attorney 1: (04:07)
And as you see him lunging at you, what do you do?

I shoot him.

Attorney 1: (04:12)
And how many times did you shoot?

I believe four.

Attorney 1: (04:16)
And after you shot him, what did you do?

The people around the cars that were originally there were not there anymore. They moved away and I ran around to see if I could help Mr. Rosenbaum.

Attorney 1: (04:36)
And when you got to Mr. Rosenbaum, what was happening?

Mr. McGinniss, he took off his helmet and slammed it on the ground and took off his shirt and I don’t remember what he said. I wasn’t focused on that, I was in shock.

Attorney 1: (04:54)
Let me back up a second. Did you know Mr. McGinniss was even around?

I didn’t.

Attorney 1: (05:00)
Okay. And he says thing to you and what do you do?

I pull out my phone and I call Dominic Black.

Attorney 1: (05:07)
And you call Dominic and what do you say?

I told him, “I just shot somebody. I had to shoot him.”

Attorney 1: (05:14)

I now know it to be Kelly’s Ziminski, Joshua Ziminski and I don’t know, the other people were screaming, “Get his ass, get his ass, get him, get him, get him.”

Attorney 1: (05:27)
And based upon that, did you feel as though you were safe to stay where you were at?

I thought the safest option would be to go North down Sheridan to turn myself into the law enforcement down there.

Attorney 1: (05:40)
And as you head down Sheridan Road, describe what’s going on.

As I’m running, at first, I’m in the sidewalk and Mr. [Lakowski 00:05:55], Jason Lakowski is in the sidewalk and I stop to talk to Mr. Lakowski for a brief second. I remember telling him that I just shot somebody and I need help to get to the police because there was a crowd, not a crowd, a mob was chasing me.

Attorney 1: (06:13)
And did Mr. Lakowski offer you any help?

I don’t remember.

Attorney 1: (06:18)
Okay. What do you do then?

I continued to run after hearing people saying, “Cranium him, get him, kill him.” People were screaming and I just was trying to get to the police running down Sheridan Road.

Attorney 1: (06:35)
And you say, I’m trying to get to the police. Why were you trying to get to the police?

Because I didn’t do anything wrong. I defended myself.

Attorney 1: (06:42)
Did you feel as though there was safety where the police were?

Yes.

Attorney 1: (06:46)
And as you head down Sheridan Road, what’s the next thing you remember?

The next thing I remember is Anthony Huber striking me in the head with the skateboard.

Attorney 1: (06:57)
Okay. As you sit here today, do you remember talking to Gaige Grosskreutz?

Yeah, sort of. A little bit. I didn’t know it was Gaige Grosskreutz when he came up to me, but sort of.

Attorney 1: (07:09)
Okay. And when this individual runs up to you and gets how close?

I would say within a foot.

Attorney 1: (07:19)
Did you shoot him?

I did not.

Attorney 1: (07:21)
Did you point your gun at him?

I did not.

Attorney 1: (07:23)
Why not?

I didn’t see him as a threat to my safety or life.

Attorney 1: (07:28)
Okay. Was he armed at that time?

Not that I noticed.

Attorney 1: (07:31)
Okay. And you continue running in a Northerly direction?

I didn’t see him as a threat to my safety or life.

Attorney 1: (07:38)
Okay. Was he armed at that time?

Not that I noticed.

Attorney 1: (07:41)
Okay. And you continue running in a Northerly direction down Sheridan Road?

Correct.

Attorney 1: (07:46)
And as you’re running in that direction, you said the next thing you remember is Anthony Huber?

Yes.

Attorney 1: (07:55)
Describe that.

Anthony Huber, what I remember is running past Anthony Huber and as I’m running past Mr. Huber, he’s holding his skateboard like a baseball bat and he swings it down and I block it with my arm, trying to prevent it from hitting me, but it still hits me in the neck. And as I block it, it goes flying somewhere off in the distance.

Attorney 1: (08:23)
And do you stop then?

No.

Attorney 1: (08:26)
What do you do next?

I keep running down Sheridan Road towards the police line.

Attorney 1: (08:30)
Then what happens?

I get lightheaded. I almost pass out and I stumble and hit the ground.

Attorney 1: (08:37)
Okay. Before you hit the ground, how many times were you struggling?

I believe twice.

Attorney 1: (08:44)
Okay. Do you remember anything about the other one?

I remember the first one being a rock. I don’t remember who did it, but I remember the bumpiness of a concrete rock hitting me in the back of the head.

Attorney 1: (08:57)
Okay. Now, after being struck with Mr. Huber’s skateboard, you end up on the ground?

Yes.

Attorney 1: (09:04)
You’re on the ground, what’s the first thing you remember?

As I’m on the ground, there are people around me, I don’t recall how many. But I remember moving my rifle in their direction and they back off besides one person.

Attorney 1: (09:25)
Okay. When you noticed people by you, you said you moved your rifle in their direction?

Yes.

Attorney 1: (09:33)
Did that individual keep coming?

The last person did.

Attorney 1: (09:37)
Okay. The people that stopped, what did you do to them?

Nothing.

Attorney 1: (09:43)
Okay. And you’re saying the last person in that group continued to come at you?

Yes.

Attorney 1: (09:49)
And describe what happened?

The last person? I don’t know his name. I don’t think he was ever identified, jumps at me with his, he was wearing boots, I believe. And as he’s running at me and jumping as his boot is making contact with my face, I fired two shots at him.

Attorney 1: (10:13)
Why did you shoot at him?

I thought if I would to be knocked out or he would’ve stomped my face in if I didn’t fire.

Attorney 1: (10:25)
As a result of being kicked in the face, what happens?

Mr. Huber, immediately after I’m kicked in the face, runs up as I’m sitting up to try to get up and get to the police, I’m on my back and Mr. Huber runs up, as I’m getting up, he strikes me in the neck with his skateboard a second time.

Attorney 1: (10:50)
Then what happened?

He grabs my gun and I can feel it pulling away from me and I can feel this strap starting to come off my body.

Attorney 1: (11:00)

I fire one shot.

Attorney 1: (11:04)
And after your fire, striking we now know Mr. Huber, what do you do?

I lower my weapon and I see Mr. Grosskreutz with his hands up and as I’m lowering my weapon and I look down and then Mr. Grosskreutz lunges at me with his pistol pointed directly at my head.

Attorney 1: (11:29)
Now you heard Mr. Grosskreutz’s testimony about re-racking?

Yes.

Attorney 1: (11:36)
Did you re-rack your weapon?

I did not.

Attorney 1: (11:38)
Could I have the exhibit, please? Make sure [inaudible 00:11:40], if you would? Showing you what’s been previously marked exhibit 28, do you recognize this?

I do.

Attorney 1: (12:34)
Now, when somebody would, as Mr. Grosskreutz would said re-rack, is that this?

Yes.

Attorney 1: (12:44)
Do you call it re-racking?

I call it charging, charging, putting a live round into the chamber.

Attorney 1: (12:49)
And to recharge you have to pull this all the way back?

Yes.

Attorney 1: (12:54)
You’d say that’s about four inches?

Speaker 5: (12:56)
Are you asking me testify?

Attorney 1: (13:00)
No, I’m asking you if you agree with that approximation? Mr. Rittenhouse, how far do you think that is?

Three, four inches.

Attorney 1: (13:10)
If the weapon is loaded and you re-rack, what happens?

If there’s already a round in the chamber, when you re-rack the rifle a live round would come out, chambering a new round into the chamber.

Attorney 1: (13:29)
Now, we got to the point where Ms. Mr. Grosskreutz is standing in front of you, has his hands up?

Correct.

Attorney 1: (13:39)
And are you aware that he’s armed?

At that point, I do see a pistol in his hand.

Attorney 1: (13:45)
Is that the same or different from your first encounter with Mr. Grosskreutz?

That is different.

Attorney 1: (13:50)
And he is standing, you said how close to you?

What I remember is our feet were touching what it seemed like.

Attorney 1: (14:00)
Okay. And you do what?

My rifle is down, his hands are up, his pistol is in his hand, and then Mr. Grosskreutz looks at me and that’s when Mr. Grosskreutz brings his arm down like this. His arm is like that with me on the ground and his pistol was pointed at me and that’s when I shoot him.

Attorney 1: (14:33)
How many times did you shoot him?

Once.

Attorney 1: (14:36)
And after you shoot Mr. Grosskreutz, do you know where you shot him?

No.

Attorney 1: (14:43)
What happens after you shoot him?

He’s no longer a threat to me, there’s only one person in front of me and his hands are up. I briefly point my rifle at him and I get onto one knee getting up and he backs up with his hands up and I don’t shoot him.

Attorney 1: (15:07)
Did you notice anybody to your sides?

To my left, there was a gentleman with a pipe, and to my right, I believe it was a fence post. I don’t know what it was, but it was a large object.

Attorney 1: (15:22)
Once you’re to your feet, what do you do?

I start walking towards the police line to turn myself into the police.

Attorney 1: (15:33)
Where is the police line? Is it still in the same place?

It moved up a little bit. I was down in the road about approximately right here. I’d say over here somewhere in this area. I don’t remember exactly, but the police line was right here. I could see the flashing lights as I was trying to get to the police before.

Attorney 1: (16:04)
Okay. And as you go towards the police line, describe what happens.

I run and walk. I put my hands up and as I’m walking towards the police, I can’t really hear anything. My vision is very narrow, I can only see directly in front of me. I see the flashing lights. I remember I occasionally tried to move my rifle behind me, to put it behind me, so the police didn’t see me as a threat when I tried to turn myself in.

I continue to walk and then I walk towards the window of the sedan, the police cruiser sedan. I don’t know what they’re called. And I tell the officer, “I just shot somebody. I just shot somebody.” And the officer says, “Get the (beep) back, or you’re going to get pepper sprayed. Go home, go home, go home.”

Attorney 1: (17:05)
And where do you go after you step back from the police car?

I go to car source number two.

Attorney 1: (17:12)
Okay. And now there wasn’t a line there, they weren’t stopping people from going in a Northerly direction?

No, they weren’t.

Attorney 1: (17:18)
And you go to car source, what we refer to as car source number two and who do you see?

I get there and I see, I think the first person I see is Joanne Fiedler. I don’t remember exactly, but I believe that’s who’s outside at the door. They let me inside. The door was locked, so somebody had to get the key to unlock it. And then we go inside and I’m in shock. I don’t really remember what was happening in there. I was freaking out. I was just attacked. My head was spinning.

Attorney 1: (18:00)
And did you go and turn yourself into the Kenosha Police Department?

I did not.

Attorney 1: (18:08)
Why not?

The Kenosha Police Department was barricaded off with a fence and I don’t think they were accepting anybody to come to the police department at that time.

Attorney 1: (18:15)
What did you do then?

I went to the nearest police department that I knew of, which was Antioch Police Department in Illinois by my house.

Attorney 1: (18:22)
And who took you there?

My mother.

Attorney 1: (18:25)
Okay. How did you get to Antioch from downtown Kenosha?

Dominic Black drove me.

Attorney 1: (18:28)
Okay. And then Dominic Black drives you where?

He drives me to my house in Antioch, Illinois, where I meet with my mother and sisters and I tell them what happened, I sort of tell them what happened. I was still in shock. My head was still spinning. And then we go to the Antioch Police Department where I turn myself in.

Attorney 1: (18:50)
Who drove you over to the Antioch Police Department?

My mother.

Attorney 1: (18:53)
And did anybody else go there with you?

Not at first.

Attorney 1: (18:58)
And you get to the Antioch Police Department approximately what time?

I would say about an hour after the shooting.

Attorney 1: (19:04)
Okay. And when you get there, are they looking for you?

No.

Attorney 1: (19:10)
Did you have to explain to somebody?

I had to tell them that I was just involved in a shooting in Kenosha and I needed Kenosha detectives.

Attorney 1: (19:19)
Okay. Did they take you into custody immediately?

No.

Attorney 1: (19:21)
What did they do?

They had me sit in the lobby of the police department.

Attorney 1: (19:26)
Were you handcuffed to a chair?

I was not.

Attorney 1: (19:29)
Did you stay there?

I couldn’t give you the exact time, but until detective Howard and detective [inaudible 00:19:37] showed up.

Attorney 1: (19:38)
Okay. And were you having any physical discomfort as you waited there?

I was vomiting and having panic attacks and my head was spinning and I couldn’t think clearly at that point.

Attorney 1: (19:51)
I have nothing further.

Read the rest of the testimony here:
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Kyle Rittenhouse Testimony Transcript Homicide Trial November 10

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