The 17-year-old accused of murdering two people during Black Lives Matter protests in Kenosha, Wisconsin, will not face gun charges in his home state of Illinois.
Kyle Rittenhouse faces two counts of two counts of first-degree intentional homicide after traveling from his home town of Antioch to join up with militia groups at the protest on August 25.
The suspect was originally accused of traveling across state with an AR-15 rifle he was not legally allowed to possess and using it to kill Anthony Huber and Joseph Rosenbaum and injure Gaige Grosskreutz.
The Lake County State’s Attorney’s Office have said an investigation by the Antioch Police Department has now found that the gun used in the Kenosha shooting was purchased and stored in Wisconsin.
Prosecutors said there is also no evidence that the weapon was ever physically possessed by Rittenhouse in Illinois.
“I want to thank the Antioch Police Department for their diligence in investigating this matter,” Lake County State’s Attorney Michael Nerheim said in a statement.
The Lake County State’s Attorney’s Office said no further information will be released “as to not disrupt any investigation that may be taking place in Wisconsin.”
Reacting to the news, Lin Wood, a lawyer representing Rittenhouse, tweeted: “One down. A few more to go.
“We will get there. Soon Kyle Rittenhouse will be free. Justice is coming. Patience.”
Wood also suggested that Mark Zuckerberg will “soon be sweating”—an apparent reference to a previous decision by Facebook to ban videos showing support for the 17-year-old after designating the shooting in Kenosha a mass murder.
Wood argues that his client was acting in self-defense when he shot his victims and was only in Kenosha to protect the city and local businesses from the rioters.
Rittenhouse remains in custody in a juvenile detention center in Lake County without bond pending criminal charges in Kenosha.
He is due in court for an extradition hearing on October 30.
Rittenhouse‘s lawyers are fighting the 17-year-old’s extradition to Wisconsin, claiming the process would violate his constitutional rights and that authorities in Wisconsin and Illinois did not follow the correct legal technicalities to enforce an extradition.
His lawyers have also argued that extraditing Rittenhouse “would be to turn him over to the mob.”
“The premature and unsupported charges are contributing to unwarranted public condemnation,” his attorneys wrote before a court hearing last week. “Rittenhouse has been publicly branded a ‘mass murderer,’ a ‘terrorist,’ a ‘racist,’ and more.”
Rittenhouse is accused in Wisconsin of two counts of first-degree intentional homicide, one count of attempted first-degree intentional homicide and two charges of first-degree recklessly endangering safety.
He also faces a misdemeanor charge of possession of a dangerous weapon by someone under the age of 18.
The Antioch Police Department has been contacted for comment.
Start your unlimited Newsweek trial