Originally Posted by
Speed Pilot
A lawyer versed in use of force has an analysis that may be a good education for those not familiar with use of force legalities:
https://youtu.be/NSU9ZvnudFE
Very interesting analysis.
He concludes that Kyle may end up pleading to the lesser charge of possession of a firearm as a minor and that would not be surprising as it is the one charge that seems fairly cut and dry.
No doubt the prosecutors are going to be very aggressive with this case and it will be interesting to see their strategy going forward.
Don't forget that there can be more than one strategy to use in prosecuting or defending a case and occasionally, even lawyers on the same team might strongly disagree on which strategy has the best chance of success.
It will be interesting to see how Wisconsin state law views someone taking it upon themselves to defend other people's property without being explicitly asked to do so by the owner(s). I don't know whether or not he was asked to provide security when he got there, but my understanding is that Kyle was probably responding to a call on Facebook by some militia group that people go there and do that. Facebook (Mark Zuckerberg) has apologized and opined that they should have taken down that page much earlier than they did, as it was brought to their attention before the incident.
As an aside, his point that if people are arguing that Kyle shouldn't have been there, then none of the other players should've been there does not hold water, because it is like someone who got caught speeding trying to argue that he shouldn't get a ticket because others were speeding too.