State seeks to add lesser charges in Kyle Rittenhouse trial

NOW: State seeks to add lesser charges in Kyle Rittenhouse trial

KENOSHA, Wis. (CBS 58) -- As the Kyle Rittenhouse trial nears its conclusion, there continues to be debate over what charges the 18-year-old will face. 

Friday, Nov. 12, the state asked the judge to include more charges against Kyle Rittenhouse for the jury to consider. At the start of the trial, Rittenhouse faced seven charges for shootings last year when he killed two men and injured one. 

The judge tossed out one of those charges for a curfew violation because he said the state did not present enough evidence. 

Friday morning, the state submitted to the court several lesser charges, including second degree reckless homicide, second degree recklessly endangering safety, and more related to the various shootings. 

So far, the judge has denied all the proposed additional charges by the state, including a second degree reckless endangerment. 

Judge Bruce Schroeder: "I'm telling you that the factors are in determining utter disregard and you're telling me that one of the factors to consider whether it's utter disregard is utter disregard that doesn't make any sense," said Judge Bruce Schroeder.

James Kraus, Assistant District Attorney James Kraus: "Like I said, I believe that the defendant's testimony gives a reasonable jury a basis to find a second degree." 

Judge Schroeder: "I don't. So I will not give that instruction."

Discussion among the lawyers and judge also includes jury instructions. Those instructions will be delivered on Monday, Nov. 15. 

Watch Friday's events below: 

The judge will finalize his decision over the weekend, but these are the lesser charges the state wants and what the judge says he is likely going to do.

Count 1: 1st-Degree Reckless Homicide (in the death of Joseph Rosenbaum)

    Lesser charge: Judge will likely not allow

Count 2: 1st-Degree Recklessly Endangering safety (in regards to Richie McGinniss)

    Lesser charge- 2ND Degree Recklessly Endangering safety: Judge has not decided

Count 3: 1st-Degree Recklessly Endangering safety (Jump-kick man)

    Lesser charge- Judge will likely not allow

Count 4: 1st-Degree Intentional Homicide (in the death of Anthony Huber)

                State wants 3 lesser charges: 2nd intentional -- Judge will likely allow.

                The defense did not object

                1st-Degree reckless homicide - Judge will likely allow. The defense did not object.

                2nd-Degree reckless homicide - Judge will likely not allow.

Count 5: Attempted 1st-Degree Intentional Homicide (in the shooting of Gaige Grosskreutz)
State wants 3 Lesser charges: Judge has not made a decision about any of them.

Count 6: Possess Dangerous Weapon-Person

Count 7: DISMISSED: Fail to Comply w/ Emergency Management Order of State or Local Gov

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