The Kenosha County DA is a 'gun crimes' faggot, but this is not a case any DA would want to take to a jury. Fuck all of the 'underage, over state lines with a gun' administrative bullshit. The core issue for a jury of 12 would be, 'would a reasonable person, under the circumstances Kenosha Kyle found himself in, at that moment in time, have done what he did?'
Framed for the jury to put them in the middle of the situation: You are attempting to flee from an angry faceless mob. You fall to the ground. The mob converges on you. Do you count on the mob to let you get back to your feet and continue to flee? Or do you pull the trigger? Someone tries to kick you in the head. Do you count on the mob to stop at one kick? Or do you pull the trigger? While still on the ground, someone hits you from behind with a five-pound board. Do you trust in the mob to stop at one strike? Or do you pull the trigger? One of the mob reaches behind his back and you catch a glimpse of a black, metallic object in his hand. You have maybe two seconds, at night, surrounded by a mob that has already tried to cause you serious bodily harm, to identify what that object is and make a decision. Do you wait? Or do you pull the trigger?
The mob did not allow him to peaceably retreat from a confrontation. By their own actions, they forced a choice on Kenosha Kyle: trust his life to a mob that had already demonstrated a taste for destruction and a disregard for the lives and safety of others, or repel the mob with the most useful means he had on hand.