help darnell ridgeway receive proper justice and help him with an appeal

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The Issue

On 04/14/2022 the father of my child Darnell Ridgeway was found guilty of 1st degree intentional homicide instead of 2nd degree intentional homicide or self-defense in Kenosha, WI. with the same judge as Kyle Rittenhouse, Judge Bruce E. Schroeder. Darnell has been proven non guilty by evidence for 1st degree intentional homicide but he was still found guilty after his jury deliberated less than 20 minutes. Darnell had a white jury with one elder African American lady, no jury members of his peers. On 05/13/2021 I woke up at 7:30am being 7 months pregnant and walked into the kitchen where I almost slipped in some water. Now Darnell has guardianship of his twin siblings which are both 19 years old at the time. Their mother been deceased since 2003, Darnell and I are 26 years old at this time with both our first child on the way. Once I slipped I tell Darnell what had happened and he goes to wake his siblings up and tell them to clean the water up. After Darnell try several times to wake up his siblings and at the time his 17 year old cousin to clean up after themselves, while we clock in for work because we both work from home for a mortgage company at the time, the siblings and cousin start an argument with Darnell which lead him to kicking them out the house. After the argument everybody parted ways. Me and Darnell went baby shopping, once we returned back home we walked in on Darnell brother, his cousin, and his cousin’s boyfriend in the living room with guns on the table and some in hands, with the cousin stun gun. Darnell and I went to our room to put the baby stuff away then we started to hear them say in the living room subliminal threats like “I wish somebody kick us out now” and “somebody going to get hurt if they try us again.” with us feeling the tension Darnell and I leave again, we stayed out until around 12:00 am. Once we arrived at the house we couldn’t get in because Darnell brother had double locked the door form the inside, nobody open the door for us. So Darnell unlocked the door going straight to his brother room and disarmed his brother gun and take his clip and ask his brother why he lock us out and tell him to get out again. Now this starts another argument between the two. While Darnell was arguing with his brother his cousin jumped in his face with her stun gun and he asked her to remove herself from his space and try to get stun gun. She refused so he gently moved her from his space and she yelling don’t push me. Now coming from the dark living room was his cousin’s boyfriend with his gun in his hand, he ran to Darnell back and threating him. Darnell then turned around to the boy and try to calm him down, he doesn’t calm down he continue to wave his gun around us, yelling and shouting out more threats.  We moved around from the hallway to the living room where we see the cousin’s boyfriend adjusting his gun putting a bullet in the chamber coming towards me and Darnell raising his gun saying “what up” and Darnell just started firing his gun multiple times. Now fast forward to the trial, the medical examiner proved the cousin’s boyfriend was moving closer to us, also proved Darnell didn’t stand over the cousin’s boyfriend like the state attorney Andrew Joseph Burgoyne was saying, and said the shots was indeterminate range and the shots were wild not aimed at one spot. Now Darnell cousin took her boyfriend gun and hid it and told detective Kenesie she did it because she didn’t want Darnell clamming self-defense, then explain where she hid the gun during a high speed chase she and Darnell brother was in after the shooting, and when the detectives found the gun it had a bullet in the chamber. Detective Kenesie told Darnell cousin she had to come to court and testify and if she didn’t he would bring up charges. Darnell cousin was never charged. Darnell cousin explain she took the gun and hid it because she didn’t want Darnell to get self-defense and said Darnell didn’t push her he was trying to get her towards the front door to the jury.  Also there were testimonies from Darnell twin siblings and me. Now Darnell brother admits on the stand to the jury that their cousin’s boyfriend was charging towards Darnell with a loaded gun and admits Darnell wasn’t the aggressor. The state attorney Andrew Joseph Burgoyne kept misleading jury saying Darnell stood over his cousin’s boyfriend when medical examiner said already that’s not possible and Darnell’s public defenders, Kristyne Watson and Francesco J. Balistrieri, didn’t object and let this continue. The Wisconsin statue 940.01 (1) (a) for 1st degree intentional homicide says “Offenses. Except as provided in sub. (2), whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony.” Also the Wisconsin statue 940.01(2) for 1st degree intentional homicide says “MITIGATING CIRCUMSTANCES. The following are affirmative defenses to prosecution under this section which mitigate the offense to 2nd−degree intentional homicide under s. 940.05”. Now here is Wisconsin statue 940.01(2) (b) for 1st degree intentional homicide says “Unnecessary defensive force. Death was caused because the actor believed he or she or another was in imminent danger of death or great bodily harm and that the force used was necessary to defend the endangered person, if either belief was unreasonable.” So why didn’t Darnell charges go to 2nd degree intentional homicide which is Wisconsin statue 940.05. Wisconsin statue 940.05 (1) and (2) says “(1) whoever causes the death of another human being with intent to kill that person or another is guilty of a Class B felony if:

(a) In prosecutions under s. 940.0, the state fails to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as required by s.940.01 (3); or

(b) The state concedes that it is unable to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01(2) did not exist. By charging under this section, the state so concedes.

(2) In prosecutions under sub. (1), it is sufficient to allege and prove that the defendant caused the death of another human being with intent to kill that person or another.” Also why wasn’t he able to get self-defense with all the evidence and testimonies that was giving proved it was self-defense. Wisconsin statue 939.48 (1) is Self−defense and defense of others law which it says “A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.” These are the laws of Wisconsin that wasn’t followed by their justice system. Darnell didn’t have a fair trial his attorneys was ineffective, jury members were removed for texting, some jury members were sleeping, and jury deliberated in less than 20 minutes for a 4 day trial and found Darnell guilty of 1st degree intentional homicide that sounds like the jury was rigged or very careless. Darnell has been sentence to life with parole and 30 years on 11-07-2022 and he’s trying to get an appeal to get back home. We demand justice prevail and want his case overturned. Darnell is a family man and was looking forward to starting a family of his own. Darnell never lied or denied anything that happened that day. Before that day Darnell was establishing his life as a young adult and was trying to get his siblings to do the same while he was getting ready to be a father himself. Darnell was going back to school for real estate and was working for a mortgage company. That all changed when his brother brought their cousin and her boyfriend around which we didn’t know and he try to harm and threaten us and Darnell protected himself, our child, and me. My father of my child should be home with us, this is not justice! Please join us and Darnell family in fighting for justice. Thank you for sighing this petition.

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