The judge presiding over the homicide trial for Kyle Rittenhouse motioned to dismiss the sixth count against the defendant Monday, which was possession of a dangerous weapon under the age of 18.
"If the barrel length is less than 16 inches or an overall length less than 26 inches. Then I'll deny either motion. If it does not meet those specifications than this was defense. motion will be granted," Kenosha County Circuit Judge Bruce Schroeder said.
Rittenhouse's AR-style weapon is classified as a rifle and does not fall into either category, according to law enforcement detective testimony the defense possesses.
"Six is dismissed," Schroeder said. The decision comes after the judge said Friday he may inform the jury of a narrow exemption to Wisconsin's gun law.
Kyle Rittenhouse, now 18, went on trial for killing two men and wounding a third with a rifle during protests last year in Kenosha, Wisconsin.