The Kenosha County Eye has obtained a proposed Plea agreement for Dominick Black in the Kyle Rittenhouse case. Dominick Black was Kyle Rittenhouse's friend who purchased the rifle Kyle carried and shot three attackers in self defense, in 2020, during the riots in Kenosha, Wisconsin.
The rifle was purchased legally under Federal law, because the rifle was never "substantially transferred" to Kyle Rittenhouse. It was kept in a locked safe in Wisconsin until the riots in Kenosha. It was not a "dangerous weapon" illegally provided to a person under the age of 18, in Wisconsin law, because it is a rifle with a regular length barrel, and Kyle Rittenhouse was not forbidden from possessing a rifle with a regular length barrel. The charges against Dominick Black for "providing" the rifle fell apart when the weapons charge against Kyle Rittenhouse was dismissed.
A status conference is scheduled for 10 January at 11:30 a.m. with the parties and Judge Bruce Schroeder. The status conference was originally scheduled on November 22, 2021, shortly after the Rittenhouse verdict. It is expected the proposed plea agreement will be discussed and considered by Judge Schroeder. Judge Schroeder presided over the Kyle Rittenhouse case, where Dominick Black gave testimony. Kevin Matheson of the Kenosha County Eye and others discuss the proposed plea agreement on youtube.
At about minute 37 Kevin Matheson of Kenosha County Eye says the prosecutor Binger and Dominick Black's attorney have signed a plea agreement to drop the felony charges and plead guilty to a county ordinance of contributing to the delinquency of a minor. This is a citation, not a criminal matter. The fine agreed to is $2,000. There is no mention of forfeiture of the rifles which are legally owned by Dominick Black. Here is the entire proposed plea agreement obtained by the Kenosha County Eye.
You can see the court records showing a hearing on the plea agreement for January 10, 2022 at Branch 3, Courtroom 209 in Kenosha.
Kevin Matheson, from the Kenosha County Eye, who has been following this case closely from the start, believes Judge Schroeder will almost certainly sign the plea agreement.
Plea agreements are merely suggestions to the judge. He does not have to agree with them. It is possible Judge Schroeder will not agree and do something different.
Judge Schroeder could refuse to accept the plea agreement and dismiss the county ordinance charge with predjudice, so it could not be re-filed. He could reduce the fine from $2000 to $1 or nothing. Assistant District Attorney Binger did little to endear himself to Judge Schroeder during the Rittenhouse trial.
There isn't anything in the plea agreement on the release of Dominick Black's rifles which were impounded as evidence in the case. Both rifles are legally owned by Dominick Black. They were both legally purchased by him. Kyle Rittenhouse has said he wishes the rifle which was purchased on the agreement it be transferred to him after he attained the age of 18, to be destroyed.
Sgt. Viola Black of the Kenosha Police Department has said if Mr. Black is acquitted of the charges, the rifles will be returned. From kenoshanews.com:
“If Mr. Black is acquitted of the charges,” Viola said, “his firearm would be returned to him. If he is found guilty, the firearm would remain in evidence.”
Judge Schroeder could stipulate the rifles be returned to Dominick Black along with the bond money. If the rifles were sold or raffled, the proceeds might be enough to cover the legal expenses of Dominick Black.
The rifle used by Kyle Rittenhouse was estimated to have a value of over half a million dollars. George Zimmerman's pistol, which he used in self defense against Trayvon Marton, sold for $250,000. The rifle carried by Dominick Black could easily fetch twenty thousand dollars. The set of the two rifles might bring a million dollars at auction, for the collectible and historical value.
Kyle Rittenhouse raised well over two million dollars for his defense. If the two rifles were raffled off nationally, it is not unreasonable the raffle might raise another two million dollars, with the understanding the proceeds would offset the legal expenses involved.
Opinion:
It appears Assistant District Attorney Binger is attempting to salvage a fig leaf for his disastrous efforts in the Kyle Rittenhouse trial. $2,000 is far less than additional legal fees which would almost certainly accrue if Dominick Black did not accept the plea deal offered by Binger.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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3 comments:
The plea deal is nothing more than a way for the prosecutor to save face. The prosecutor likely dragged out this case just to get this plea deal, and the defendant is likely very tired of all of this and just wants to get on with his life. So a $2,000 fine is a small price to pay to get this prosecutor off his back.
I think they need to start disbarring prosecutors that bring thee frivolous cases saving face is not a valid legal point when the filing clearly destroys credibility.
ScienceABC123 said on 1/14/2022 12:01:00 AM:
"$2,000 fine is a small price to pay to get this prosecutor off his back."
Our web host (Dean Weingarten) has stated that only through incremental action will we fully-restore our RKBA. I agree that a 'nibble' principle is one which should be expected to yield substantial results. And, perhaps, a token (i.e. small) fine might fit that description.
But, $2,000 is NOT a token fine, and definitely NOT a 'small price' for any of us peons! It violates the Eight Amendment prohibition against "excessive fines", and sets up a slippery-slope towards government applying similarly disproportionate penalties for even the most minor of offenses.
That Prosecutor knew he was wrong. He doesn't deserve a "pay-day" for his ineptitude or violation of law and G*d-given Rights. If anyone should pay anyone, that Prosecutor should have been the one to shell-out $2k - from his own pocket.
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