The state overreached big time - they have to prove that Kyle had "a depraved mind, regardless of life" for it to stick. He was defending himself against a number of attackers (one who tried to bash his head in with a skateboard and the other who pulled a gun (and per his words "wanted to unload the clip into him [Kyle]."
Per WI Law: In Wisconsin, first-degree reckless homicide is a Class B Felony. In order to be found guilty of first-degree reckless homicide, the state must prove two elements beyond a reasonable doubt. The first element is that you recklessly caused the death of another human. According to Wisconsin statute 939.24, criminal recklessness takes place when your actions create an unreasonable and substantial risk of great bodily harm or death to another human and you are aware of that risk. The second element is that you were acting under circumstances that show an utter disregard for human life. The state can prove this element by showing that your conduct demonstrated “a depraved mind, regardless of life.” State v. Dolan, 44 Wis. 2d 68 (1969). One defense against first-degree reckless homicide is that your actions did not create an unreasonable and substantial risk of great bodily harm or death to another human. A second defense is that you were not aware of any such risk. A third defense is that your conduct did not show an utter disregard for human life.
There's so much footage of this incident its insane. There's clear stills of skater boi bashing him with his ride, lefty drawing the gun prior to Kyle disarming him, and one of the Daily Mail dudes was right there when he defended himself from Shorty McShootmepedo. Illinois may not even let him be extradited if Linn Wood shows up.
The state overreached big time - they have to prove that Kyle had "a depraved mind, regardless of life" for it to stick. He was defending himself against a number of attackers (one who tried to bash his head in with a skateboard and the other who pulled a gun (and per his words "wanted to unload the clip into him [Kyle]."
Per WI Law: In Wisconsin, first-degree reckless homicide is a Class B Felony. In order to be found guilty of first-degree reckless homicide, the state must prove two elements beyond a reasonable doubt. The first element is that you recklessly caused the death of another human. According to Wisconsin statute 939.24, criminal recklessness takes place when your actions create an unreasonable and substantial risk of great bodily harm or death to another human and you are aware of that risk. The second element is that you were acting under circumstances that show an utter disregard for human life. The state can prove this element by showing that your conduct demonstrated “a depraved mind, regardless of life.” State v. Dolan, 44 Wis. 2d 68 (1969). One defense against first-degree reckless homicide is that your actions did not create an unreasonable and substantial risk of great bodily harm or death to another human. A second defense is that you were not aware of any such risk. A third defense is that your conduct did not show an utter disregard for human life.
There's so much footage of this incident its insane. There's clear stills of skater boi bashing him with his ride, lefty drawing the gun prior to Kyle disarming him, and one of the Daily Mail dudes was right there when he defended himself from Shorty McShootmepedo. Illinois may not even let him be extradited if Linn Wood shows up.