Prosecutors seek to modify Kyle Rittenhouse's bond agreement after they say he displayed racist signs

Prosecutors seek to modify Kyle Rittenhouse's bond agreement after they say he displayed racist signs. In this August 26, 2020, photo released by the Antioch Police Department is Kyle Rittenhouse in Antioch, Illinois.

Prosecutors are asking the Kenosha County Circuit Court to modify the bond conditions of Kyle Rittenhouse, who is facing homicide charges in the death of two men during protests last August, according to a motion filed by the Kenosha County District Attorney's Office on Wednesday.

The office is requesting that Rittenhouse be prohibited from possessing or consuming alcohol or being in any establishment that serves it; be prohibited from making any public display of any "white power" or "white supremacy" signs, symbols, or hand gestures; and not have any contact with any known militia members or members of any violent white power/white supremacist groups including the group identified as the "Proud Boys."

Mark Richards, the attorney representing Rittenhouse, said his client does not object to the modified bond conditions proposed, according to court documents filed Thursday.

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"As Mr. Rittenhouse has no membership, affiliation, or affinity for any of the identified groups, the defense has no objection to a bond modification prohibiting Kyle Rittenhouse from having any knowing contact with any known hate groups or their members," he wrote.

He also did not object to a bond condition prohibiting the possession or consumption of alcohol.

The Kenosha County Circuit Court has not issued a decision on the filings.

The 18-year-old is out on a $2 million bail after being arrested in connection with a fatal shooting in Kenosha. Rittenhouse is alleged to have been in the midst of protests that had broken out in the Wisconsin city over the police shooting of Jacob Blake, and authorities allege he fired at protesters.

Rittenhouse was arraigned January 5 on two felony charges of homicide in the deaths of two men and a felony attempted homicide charge in the wounding of another man.

According to prosecutors, Rittenhouse was seen at a local bar with his mother about 90 minutes after the arraignment, and his presence and behavior were confirmed by surveillance video.

Rittenhouse was seen with other individuals flashing "the 'OK' sign, which has been co-opted as a sign of 'white power' by known white supremacist groups," and was "directly served a beer by the bartender," the motion said.

The document also states that Rittenhouse turned 18 this month and lives in Illinois. "Under Illinois law, it is a Class A Misdemeanor for anyone under the age of 21 to possess or consume alcohol in a public place," the motion states.

In Wisconsin, however, it is legal for someone under the age of 21 to possess and consume alcohol if a parent is present.

Prosecutors are also asking the court to "prohibit the defendant from publicly displaying symbols and gestures that are associated with violent white supremacist groups and from associating with known members of those groups, particularly the Proud Boys" -- as they believe it could result in potential witness intimidation.

Richards said in his filing that Rittenhouse has never been a member of any of the organizations listed in the motion from prosecutors.

"The State's bond motion is a not-so-thinly veiled attempt to interject the issue of race into a case that is about a person's right to self-defense," he wrote.

Rittenhouse pleaded not guilty to the charges for which he was arraigned.

Rittenhouse's attorneys have maintained that Rittenhouse was acting in self-defense when he opened fire.

In a hearing last month, Richards accused prosecutors of presenting "a one-sided, stilted view" of events that night.

Richards introduced screenshots of surveillance video that he said showed his client acted in self-defense while being chased by a gun-toting protester. In another image, Rittenhouse appeared to be struck with a skateboard while on the ground.

Anthony M. Huber and Joseph Rosenbaum were killed in the incident, and Gaige Grosskreutz was wounded.

Correction: An earlier version of this story gave the wrong age for Kyle Rittenhouse. He is now 18.

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