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A prosecutor in Wisconsin can charge anybody of any crime by filing information. That doesn’t mean that it is a valid prosecution. In this case the trial court allowed all of the evidence to come out, and all of the evidence did not show that Kyle had violated any portion of that law. The prosecutors could not show any dispute a fact that would support the idea that a jury should decide whether Kyle was guilty. If in an adversarial trial, there is no dispute of material fact between the parties and one party is entitled to a certain result by operation of the law, then the Judge must grant that result.
You tried to argue that the prosecutors did not claim that Kyle was 17 years old or that he possessed a dangerous weapon. The charge by itself is a claim and proves you wrong. The fact that the prosecutors were not left to debate the issue in front of the jury (when they would have certainly supported their claims) is a result of the judge;s decision. It was not a result of an adversarial trial in which the defense disputed a material fact in and convinced the jury that Kyle was not 17 years old but was actually an adult during the shooting.
By the way, the prosecution did not need to prove that Kyle was younger than 17 years old. Again, the statutes about the 16 and 14 year old minors are about hunting and targeting practices! Just because a 17 year old minor is over 16, it does not mean that he can use these statutes to justify non-hunting activities or activities that are not related to target practice.
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