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Kenosha County Eye

Rittenhouse Wants His Gun Back – District Attorney Says “No”: Court Records

Dominick Black and KPD Detective Ben Antaramian

Kenosha County Circuit Court Bruce Schroeder will have to decide who is the rightful owner is of a Smith and Wesson M&P 15 rifle. This is the rifle used by Kyle Rittenhouse on August 25, 2020 to kill two assailants and wound a third. Schroeder will also be asked to decide if sporting rifle will be released at all. According to court documents filed this afternoon, ADA T. Clair Binger (D) and DA Michael Graveley (D) are not releasing the AR-15 Rifle to Rittenhouse after being asked by his attorney, Mark Richards.

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Prosecutors and police can keep evidence in their possession, only if it was used in the commission of a crime. In this case, neither Rittenhouse, nor Dominick Black were proven to have committed any crimes. Both of their criminal cases were dropped. Wisconsin State law is clear:

968.20 Return of property frozen or seized.
(b) If the seized property is a dangerous weapon or ammunition, the property shall not be returned to any person who committed a crime involving the use of the dangerous weapon or the ammunition.

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Along with the gun, Rittenhouse also wants his clothes, ammunition, and iPhone to be returned.

Rittenhouse is entitled to a hearing within 20 days of today’s date. During the trial, testimony was given by Rittenhouse and his friend Dominick Black. Both said that Black purchased the rifle with Rittenhouse’s money but would be transferred to Rittenhouse when he turned 18. Rittenhouse is now 19. Rittenhouse had previously stated that he would ask the Kenosha Police Department to destroy the rifle. When reached today by phone, Rittenhouse spokesman David Hancock was asked what Rittehouse wanted to do with the gun if he has it returned to him and he responded frankly – “Destroyed.”

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Kenosha Prosecutor T. Clair Binger (D)

This isn’t the first time T. Clair Binger refused to return a gun to someone he lost a case against. Even though Binger told a podcast host that he has a concealed carry license and caries a gun, he in universally known as being a strong gun-control supporter. Guy Smith, was driving his 16-wheeler through Kenosha on May 6, 2016 when pulled over by a state trooper. The Trooper noticed a holstered gun on the floor of the sleeper cabin. The trooper, after conferring with the Kenosha DA’s office arrested Smith. They told the Trooper that they would charge him. Kenosha DA Michael Graveley (D) personally filed the charges against Smith. T. Clair Binger was assigned to prosecute Smith. Wisconsin Carry, Inc paid for Smith’s attorney who flew to Kenosha for trial. The morning of trial, T. Clair Binger dismissed the charge after much money was spent on travel arrangements and attorneys fees. T. Clair Binger then refused to return Smith’s gun. Only after a long process was the gun returned.

Kenosha DA Michael (Mike) Graveley (D)

If Schroeder rules in Rittenhouse’s favor, the DA’s office will be forced to release it. We reached out to Kenosha DA Mike Graveley and ADA T. Clair Binger to find out why they aren’t releasing the gun. They did not respond.

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  • Kevin Mathewson

    Kevin Mathewson is a disciple of Christ, husband and a father to two wonderful children. Mathewson was born and raised in Lake County, IL and worked as a police & fire dispatcher from 2005 to 2010 in Round Lake Beach, IL. Mathewson moved to Kenosha County in 2006, later being elected to the position of Alderman of the 8th District in 2012 and 2016. Mathewson is a private investigator, security contractor, journalist, and photographer. He enjoys spending time with his family, watching movies, camping and boating. His favorite amendment is the second, followed closely by the first. He loves his country and community.


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18 Responses

  1. binger continues over and over to take L’s and still continues to be an ass just because he isn’t good at his own job.

  2. It’s pretty obvious that criminals occupy the Kenosha County DA’s Office. When the Law clearly states one thing and these Civil Servants willfully and diliberately do the opposite, they have become criminals.

  3. Keep us posted on this one. If a guy with a NG can’t get his gun back, there’s no chance for the rest of the county.

  4. Technically, the registered owner is Dominic Black. I think the court will deny the return by finding that Kyle Rittenhouse is not the legal owner and, therefore, lacks standing.

      1. Really? When you buy a gun in Wisconsin you don’t have to register it to an owner? When you sell it you don’t have to transfer the registration? I am not in Wisconsin but in my state, that’s how a DA would get around returning it.

        1. It is not being registered. It is a background check. There is no law that if I buy a gun from someone that I or the seller has to “register”

        1. You don’t really think that’s why they’re dragging their feet, do you? What about the truck driver? It was his gun, licensed and all.

          1. No, I don’t think that is it. I think they have an illegal policy against returning guns. Returning guns is a political liability. I think they will come up with excuses and that will be the one they use.

  5. Binger: “I lost the case, but I’ll keep all of Kyle’s stuff; then we’ll see who the REAL winner is!

  6. backdoor blinger is maybe using the rifle for personal pleasure? (with star wars sound track playing in background?) or lunch box is dipping the barrel in peanut butter and licking it? or graveley is taking a turn with the rifle to stroke it and talk sweetly to it, i assume?
    it is kyle’s riflr to do as he pleases- i hope kyle auctions it and it sells for a million $$$$!(or more) please do not destroy the gun- it is museum worthy- a part of history i want to remember always!

    1. Haha, the thought of Fatlock licking peanut butter off it. I want to see Binger and Fatlock investigated for their apparent ethical violations.

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