POLITICAL ROUNDUP: Lawmaker wants 'self-defenders' to be able to sue
Nov. 26—An Oklahoma state senator is filing legislation for the upcoming session that would require the state to reimburse people charged with murder and found not guilty, if it was determined the accused was acting in self-defense.
The bill, Kyle's Law, comes after Kyle Rittenhouse was acquitted on all charges in a case wherein he fatally shot two people in Kenosha, Wisconsin, last year.
The trial garnered nationwide attention, and it resulted in a 12-member jury finding him not guilty for first-degree intentional homicide, first-degree reckless homicide, first-degrees attempted intentional homicide, and two counts of first-degree reckless endangerment.
"Kyle Rittenhouse should never have been charged," said State Sen. Nathan Dahm, R-Broken Arrow, who filed the measure. "The video evidence from early on showed it was lawful self-defense. It is our duty to protect the rights of the people we represent, and the right to self-defense is paramount. This bill will ensure that what happened to Kyle Rittenhouse cannot happen to the people of Oklahoma."
If the bill were to pass, a person charged with murder who is found not guilty due to justifiable homicide would be privy to reimbursement by the state for reasonable costs — like loss of wages, legal fees incurred and other expenses involved in his defense.
The accused would have to establish "malicious prosecution" by showing it was instigated by the prosecutor and was without probable cause; that the prosecution had legally been terminated in favor of the claimant; and that as a result of the prosecution, the claimant sustained injury. A prosecutor could also be held personally liable if malicious prosecution was established.
State Rep. Bob Ed Culver, R-Tahlequah, said he would have to study the bill more before forming an opinion on it. He did say, though, that both the case against Rittenhouse and the law dubbed after him are likely politically motivated.
"It was a tragic situation," he said. "From the video clips and what little I've seen on it, I'm pretty sure I would have done the same thing. I am by no means an expert or will claim to know all the ins and outs of what went on, but from what I've seen, he was in the right."
Similar legislation is being discussed in other states. Some people believe it's necessary to prevent politically-motivated prosecutions, while others are concerned it would effectively legalize vigilante justice, and that every case wherein someone felt threatened would turn into a self-defense argument.
Cherokee County Democratic Party Chair Yolette Ross said Kyle's Law would have a ripple effect and could result in lengthy court battles to determine whether a prosecutor should be held personally liable.
She called it a "reactionary" piece of legislation.
"It was probably just introduced to get a little bit of a headline, and then it dies on the vine," Ross said. "I can't imagine that would be an acceptable thing for the governor to sign. [Rittenhouse] was there, in my opinion, to cause trouble. Law enforcement and everybody said to stay off the streets, but this guy comes in from another state and essentially takes the law in his own hands."
It's unclear how much support the bill will relieve in the state Legislature, but with the Rittenhouse trial polarized into partisan politics, it's possible state conservatives will push for the measure to be passed.
More bills are likely to be announced in the following weeks, as lawmakers prepare to convene for the 2022 legislative session.
Cherokee County Republican Party Chair Josh Owen, Cherokee County Libertarian Party Chair Shannon Grimes, and State Sen. Dewayne Pemberton, R-Muskogee, did not return phone calls before press time.
