New drone video shows first Rittenhouse shooting, defense calls its first witnesses

KENOSHA, Wis. (CBS 58) -- On the seventh day of the Kyle Rittenhouse trial, the state called its final witness before resting its case. Now the defense is building its case and calling its witnesses, one of which is expected to be Rittenhouse himself.

There was a lot of movement Tuesday as several witnesses took the stand and several procedural issues were decided. And brand-new drone video of the first shooting was shown that provides the clearest picture yet of what happened that night.

James Armstrong, a senior forensic imaging specialist with the Wisconsin State Crime Lab, said, "I began working on [the drone video] on Sunday." Defense attorney Mark Richards said, "Ok. When did the crime lab receive them?" Armstrong replied, "The crime lab received that as a submittal on Sunday."

The new drone video introduced by the prosecution provides one of the most comprehensive views of the scene so far. It was enhanced and cropped by a technician at the state's crime lab, and shows Kyle Rittenhouse running through the Car Source parking lot, chased by Joseph Rosenbaum.

The crime lab slowed down a clip that shows them running between parked cars. As Rosenbaum nearly reaches Rittenhouse, he spins and shoots. You can see the puff of smoke from the AR-15. The state played it several times for the jury.

Then the defense called to the stand a forensic pathologist with the medical examiner's office. Doctor P. Douglas Kelley of the Milwaukee Medical Examiner’s Office said of one gunshot, "This gunshot wound is a lethal injury."

Step-by-step he walked through the injuries suffered by both Joseph Rosenbaum and Anthony Huber. The prosecution tried to determine how close Joseph Rosenbaum was to Rittenhouse when he shot him, based on forensics and gunpowder residue on Rosenbaum's skin.

Dr. Kelley said, "I would say in this particular instance we're talking about something like within a few feet. Within four feet or so."

But on cross-examination, the defense focused on the angle of the shots. Richards asked, "Your belief, to a reasonable degree of medical certainty, is that he's in a horizontal position close to my client, the bullet goes in and across, and down." Dr. Kelly said, "That's correct." Richards then mimicked a lunging motion and said, "So, once again, in the position of lunging would put you in a horizontal position, correct?" Dr. Kelly said, "It would."

When the trial resumed after the lunch break, the state rested its case and the defense called its first witness. Nick Smith used to work at the car dealership and was one of the armed men who went to the area to protect property.

He described hearing the gunshots and the hectic aftermath, and seeing a pale and sweating Kyle Rittenhouse sitting inside the car shop. Smith said, "I tell him to walk outside and turn himself in. That was the safe bet for him. And I told him to walk outside. And he had said, 'I had to, I had to shoot someone.'"

The defense's last witness was an amateur photographer who was at the scene of the shootings. He testified about what he saw that night, but sparred with the prosecution over information he left out of interviews in the days immediately after.

Nathan DeBruin said he forgot some of the information because, "I had just witnessed someone dying. Another person getting their arm almost blown off." Assistant District Attorney James Kraus said, "17 days prior." DeBruin said, "Doesn't matter how long it is. I still suffer from that traumatic still to this day."

The defense is still expected to call a use of force expert and a medical expert to the stand. Kyle Rittenhouse is expected to testify last, which could be pushed to Thursday.