Kenosha County Circuit Judge Bruce Schroeder today made it official – Dominick Black’s criminal charges have been dismissed with prejudice. “With prejudice” means that the state cannot appeal this case or retry it according to Black’s Attorney, Tony Cotton out of Waukesha. Black was 19 years old when Kenosha prosecutors charged him with two felonies for giving Kyle Rittenhouse a gun that he used to defend himself against three violent criminals on August 25, 2020. Black faced 12 years in prison if convicted. This plea deal, negotiated by Dominic Black’s attorney and Kenosha Assistant District Attorney T. Clair Binger, required black to plead no contest to a non-criminal ordinance citation of “contributing to the delinquency of a child.”
Judge Schroeder fined black $1,500 plus court costs, for a total of around $2,000. Black had already posted $2,500 so he will get about $500 back.
Before Schroeder issued his ruling, T. Clair Binger made a record. He told the court that he was dismissing the criminal charges for three reasons. He said the fact that the court was likely to dismiss the charges anyways was the first. He also said that Black’s cooperation and the fact that Rittenhouse was acquitted were two other factors.
Binger also said that his office will continue to prosecute cases in which somebody buys a gun for somebody who is ineligible to purchase it themselves. He also stated that it is still his office’s position that a 17-year-old should not be “running around with a gun.”
After the hearing, Black’s attorney Tony Cotton took some questions from the media including the Kenosha County Eye. Black was not present in court today. “He didn’t have to be here,” Cotton said to reporters.
“I’ve worked with Tony Cotton several times. Regardless of the case or the client, he’s always thoroughly prepared. He’s very smart and very skilled in the courtroom. He routinely obtains fantastic outcomes for his clients.” said local criminal defense Attorney Michael Cicchini.