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Kyle Rittenhouse attorney files motion to dismiss two charges

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(CNN) – Kyle Rittenhouse’s attorney filed a motion to dismiss two charges late Tuesday, according to court records.

Ahead of a scheduled pretrial hearing for Rittenhouse, the Kenosha shooting suspect accused of killing two and wounding a third, attorney Mark Richards filed a motion to dismiss two of six counts his client is facing.

In the motion Richards writes of possession of a deadly weapon by a minor, otherwise known as count 6, “The complaint fails to allege facts which could allow a reasonable person to conclude that a crime was committed.”

On count 2, which is one of the two recklessly endangering safety in the first degree charges he faces, Richards writes, “No reasonable person could find that this crime was ever committed. Thus, the criminal complaint is defective and Count 2 should be dismissed.”

The motion to dismiss comes ahead of a scheduled pretrial hearing for Rittenhouse on Thursday, December 3rd at 10:30am CT.  Rittenhouse is expected to appear virtually before Kenosha County Judge Loren Keating, Richards confirms to CNN.

He currently faces six criminal counts including: first degree reckless homicide, first degree intentional homicide, first degree attempted intentional homicide, two counts of first degree reckless endangerment, and possession of a dangerous weapon by a minor. Five of these counts are felonies, the latter is a misdemeanor.

The teen is facing charges that he allegedly killed Anthony M. Huber and Joseph Rosenbaum and wounded Gaige Grosskreutz during protests that followed the police shooting of Jacob Blake in Kenosha in August. Attorneys for Rittenhouse have previously claimed that there is evidence that the teen acted in self-defense.

Rittenhouse faces up to life in prison, if convicted.

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