Chicago man is acquitted on all charges in Denny’s arrest

Kyle Rittenhouse was acquitted on charges of felony retail theft, alcohol possession, making false statements and circumventing an alcoholic beverage monitoring device. Rittenhouse’s ex-girlfriend Stacey Houk complained that he borrowed money to purchase alcohol for their shared house, among other items, which Rittenhouse denied.

Rittenhouse was arrested at Denny’s on July 3, 2015 and was charged with: (1) felony retail theft, (2) misdemeanor sale of alcohol to a minor, (3) felony possession of a forged prescription, (4) felony three count of selling or furnishing a controlled substance, (5) felony numerous controlled substance acts, (6) multiple violations of the alcoholic beverage monitoring device program, (7) multiple violations of probation, (8) conspiracy to violate probation, (9) two counts of misdemeanor conspiracy to violate probation, (10) second degree criminal trespassing and (11) misdemeanor false information to law enforcement, which all stemmed from the night of July 2.

According to the criminal complaint:

Stacey Houk alleges she and Kyle Rittenhouse went to the Dunkin Donuts on Roehrer at, with Brian Gebhardt. But Rittenhouse said he arrived later than Houk and didn’t speak to Gebhardt. According to the criminal complaint, Rittenhouse was arrested for violating his probation because Houk was present during the following day and police asked her if she was with Rittenhouse. According to the criminal complaint, during Houk’s testimony she said she confronted Gebhardt about why he had brought alcohol to the home. The criminal complaint alleges Gebhardt admitted he told Gebhardt that it was up to the two men to decide what they were going to do. According to the criminal complaint, Houk testified that she believes Gebhardt showed up with Rittenhouse because Gebhardt told her he was going to get Rittenhouse arrested.

According to the criminal complaint, Rittenhouse testified he borrowed money from Houk. When asked by police why he lent Houk the money to purchase alcohol and leave, Rittenhouse told them that he didn’t know.

In the criminal complaint, Rittenhouse was cited with four counts of felony criminal mischief, which stems from allegedly causing damage to a taxicab after Rittenhouse left a vehicle parked on the street. Houk testified that she witnessed Rittenhouse smash the passenger window of a cab parked on a parking lot.

According to the criminal complaint, Gebhardt testified that Rittenhouse said he believed the car was dropping off a customer when he smashed the window.

According to the criminal complaint, Gebhardt said he did not know who had been inside the cab.

In the criminal complaint, the hearing officer addressed each of the charges against Rittenhouse as a separate charge. She did not discuss how much money Houk and Gebhardt paid Rittenhouse for the alcohol.

In a verdict handed down on Monday at 4:24 p.m., Judge Leslie G. Trump granted all of the acquittals except one. According to the jury’s instruction, the charge of allowing a minor to consume alcohol was not a factor for the jury to consider in its verdict. According to the jury’s instructions, the jury found that Houk was of age when she consumed alcohol and Gebhardt was of age when he purchased the alcohol.

In June 2016, the Illinois supreme court ruled that police cannot use the criminal justice system to charge a minor with a crime unless that minor participated in the crime with an adult.

(prosecutor’s comments follow)

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