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Why Doesn't Kyle Rittenhouse Deserve Qualified Immunity?

The cases of Rusten Sheskey and Kyle Rittenhouse make it clear that the leniency afforded to police officers is not justified.

Amid protests of a police shooting in Kenosha, Wisconsin this week, three protesters were shot by a 17-year-old with an AR-15.

Two of the protesters died at the scene on Tuesday. The third was seriously injured, but survived. The shooter, Kyle Rittenhouse of Antioch Illinois, has been charged with two counts of first-degree homicide, among other charges.

The event that spurred the protests was shocking on its face, but an increasingly familiar scenario—a Kenosha police officer shot an unarmed Black man in the back seven times.

The incident took place on Sunday, August 23rd, after police officers arrived at the scene of a domestic disturbance with little information. A woman had called 911 and used 29-year-old Jacob Blake's name, but was reportedly "uncooperative" with the 911 operator, so police had little else to go on.

Sources since the incident have said that Blake was actually breaking up an argument, possibly between the 911 caller and another woman. But it turned out there was a warrant out for Blake's arrest, and police responded to the call with force.

While some details of the encounter remain uncertain, Blake was tased more than once, and two videos document police officers struggling to restrain him as he attempts to free himself and move toward the driver side door of his SUV.

Authorities identify officer who opened fire in Jacob Blake shooting l GMA www.youtube.com

The footage shows that as Blake opened the door, officer Rusten Sheskey grabbed him by the shirt and shot him seven times in the back. While all this took place, Blake's three young sons were sitting inside the SUV.

Miraculously, Blake survived those gunshots, but is paralyzed, and likely to never walk again. After regaining consciousness, a heavily medicated Blake reportedly asked his father "Why did they shoot me so many times?" to which his father responded, "Baby, they weren't supposed to shoot you at all."

Police have claimed that a knife was found on the driver's side floorboard, with the suggestion that Blake was reaching for it in order to harm the officers. Why else would he have struggled so hard to get to the driver side door? Surely he didn't think he could actually get away?

The answer is that Jacob Blake likely didn't think much at all. Nor would anyone in that situation.

A taser delivers an electrical pulse of around 50,000 volts of low amperage electricity that courses through the victim's body, causing muscles to seize violently. While the low amperage of these pulses generally protects the victim's heart from stopping, the electricity has been shown to reach the brain, where it can disrupt memory and thought processing.

Blake was effectively shot with a brain disruption device. Coupled with the body's natural fight or flight response—which causes adrenaline and other stress-response hormones to flood into the bloodstream—chances are he couldn't really get a handle on what was going on. If his instinct was to fight, maybe that means he was in fact reaching for a knife.

But if his instinct was to run—to quickly get himself and his children away from a very real threat—then no amount of arguing or reasoning was going to stop him from trying to get in his car to drive off.

Rusten Sheskey, likewise, may have been acting on instinct. The kind of tunnel vision that takes over in stressful situations may have prevented him from considering the innocent explanation for why Jacob Blake would struggle so hard to open his car door. He may also have been influenced by the kind of implicit racial bias that causes many Americans to perceive Black men as more threatening.

Or maybe there was nothing "implicit" about his bias at all. Maybe Rusten Sheskey was one of the open bigots that have actively infiltrated law enforcement, and would have taken any excuse to shoot a Black man with the intent to kill.

We don't know, and may never find out. What we do know is that, even if Rusten Sheskey is charged with Jacob Blake's murder—so far, no charges have been filed—he is very likely to be acquitted.

So why has Kyle Rittenhouse already been charged with murder?

His crimes took place more than two days after Jacob Blake was shot, yet no officers have been charged in connection with the incident. The answer is closely tied to the controversial concept of "qualified immunity."

Among calls to defund and reform America's police in the months since the horrific killing of George Floyd, one of activists' primary demands is the elimination of qualified immunity, which essentially says that police officers cannot be sued for any reasonable actions they take as part of fulfilling their duties. That includes shooting unarmed civilians if the officers perceive them—for whatever reason—as an imminent threat.

While the protections only apply to civil suits, the reasoning behind them is closely related to the logic that tends to prevent police officers from being charged and convicted in these cases. But why doesn't Jacob Blake deserve the same leniency? Were the circumstances under which he fired his rifle substantially different than what led Rusten Sheskey to fire seven bullets into Jacob Blake's back?

Again, many of the details are unclear. While there are multiple videos documenting portions of the incident, we don't know exactly what led up to the moment when Rittenhouse shot his first victim, 36-year-old Joseph Rosenbaum.

Reportedly Rosenbaum threw a plastic bag at Rittenhouse, and attempted to take his gun from him—possibly fearing that Rittenhouse was not in a state of mind to handle his firearm safely. If that was his fear, it was soon justified when Rittenhouse shot Rosenbaum, wounding him in the back, hand, groin, thigh, and head.

Perhaps Rittenhouse was influenced by the rhetoric from conservative outlets like the Daily Caller, and from President Donald Trump himself—who famously said "when the looting starts, the shooting starts"—to view the Black Lives Matter movement and protesters opposing police brutality as violent terrorists who deserved to be met with violence. Is that different than how Rusten Sheskey was primed to view Jacob Blake?

In the aftermath, while Richard McGinniss, a videographer from conservative website The Daily Caller, did his best to tend to Rosenbaum's wounds, Rittenhouse ran from the scene, rifle in hand. He was caught on video telling a friend over the phone, "I just killed someone."

Video shows Kyle Rittenhouse in Kenosha on the night three protestors were shot www.youtube.com

In further video protesters pursued Rittenhouse, and when he fell to the ground, he pointed his rifle at them. Multiple protesters attempted to disarm him—and 26-year-old Anthony Huber struck him with a skateboard. But rather than surrender or drop his weapon, Rittenhouse shot at them, shooting Huber in the heart and nearly severing the arm of Gaige Grosskreutz.

When Rittenhouse got back to his feet and managed to get away from protesters, he found his way to the police, whom he approached while protesters called out for him to be arrested. Instead, Rittenhouse was allowed to return to his home in Illinois, where he was arrested the next day.

But why was he arrested at all? Why Kyle Rittenhouse and not Rusten Sheskey?

If anything, Rittenhouse has more of a claim to make in terms of self defense. While Sheskey may have suspected that Jacob Blake was reaching for some kind of weapon, Rittenhouse knew for a fact that his victims were reaching for a high-powered semi-automatic rifle—his rifle.

And in the case of Anthony Huber, he actually attacked him with a skateboard—which may even be considered "assault with a deadly weapon" in some cases. Of course his victims were more than justified in fearing what Rittenhouse would do with his weapon, but couldn't you say the same for Jacob Blake? Didn't he have reason to fear for his life and attempt to either run from the police or defend himself however he thought he could? So why is it different?

Is it a matter of duty? While Rittenhouse may not have been serving in any official capacity as a police officer, he clearly saw his role in Kenosha as very similar.

He had trained with the Grayslake Police Department through their "Public Safety Cadet" program for aspiring police officers aged 14-21. On social media he included the motto "Duty. Honor. Courage. Blue Lives Matter." with his profile picture. In an interview with the Daily Caller prior to the shooting—filmed by none other than Richard McGinniss—Rittenhouse referred to it as his "job" to use his gun to defend himself and others.

According to reports, local police treated Rittenhouse and other armed civilians seeking to take a stand against riots as their allies rather than vigilantes—handing out water bottles and giving them encouragement. This may explain why police allowed Rittenhouse to leave the scene after killing two men and injuring a third.

Clearly Rittenhouse believed himself—not without reason—to be serving alongside the police, and in a similar capacity. Did he lack the training to do so with the professionalism of an actual police officer?

The Grayslake Police Department's Public Safety Cadet program—according to an archived page—included weekly meetings, a background check, and firearms training. Considering the fact that several states require police officers to receive just twelve weeks of training—less than barbers or plumbers—Rittenhouse may have had nearly as much training as many rookie cops.

New video shows Antioch teen just before deadly Kenosha protest shooting | ABC7 Chicago www.youtube.com

Was it his age then? One of the charges against Rittenhouse is "possession of a dangerous weapon by a person under 18." Is there a switch that was going to flip when he turned 18 that would have made him more responsible? More capable of wielding deadly force with care? At 21 then? Or 31—the age of Rusten Sheskey?

No, the only thing that really separates the actions of Kyle Rittenhouse and the numerous police officers who have shot unarmed people in recent years is that when Kenosha Sheriff David Beth was encouraged to deputize the armed civilians going out amid protests, he refused. Does that make him a hero? No, but it does mean that his police department won't be sued—at least in this case.

Now Kyle Rittenhouse has been charged with homicide, and he or his parents will no doubt be defendants in a number of civil suits likely to be filed by the victims' families. Meanwhile, neither Rusten Sheskey nor the officers who tased Jacob Blake have been charged with anything, nor will his family be allowed to sue them.

So why doesn't Rittenhouse deserve the leniency that police receive in these cases?

Because no one does.

We should not accept the fact that armed men and women patrol our streets—often with the same defensive, violent attitudes as Kyle Rittenhouse—and can shoot unarmed civilians with impunity. It's time to end qualified immunity, shift police funding toward non-violent community services, and to make police accountable to civilian review boards with the power to actually punish them.

Short of that, we might as well give Kyle Rittenhouse his gun back, and set him and others like him loose on our streets.