In the midst of the unrest following a police officer’s shooting of Jacob Blake, a 29-year-old Black man, in Kenosha, Wisconsin, last year, Kyle Rittenhouse, a 17-year-old boy from Illinois, shot and killed two anti-police brutality protesters and wounded a third. This week the presiding judge in Rittenhouse’s trial has decided that the men that Rittenhouse shot cannot be called “victims” during the trial.

Despite purposefully crossing state lines armed with a semi-automatic rifle, Rittenhouse has been treated, before and after the act, with an alarming degree of grace. Rittenhouse’s case is about a lot more than just one armed vigilante seeking to protect the status quo at the expense of human lives: it is about an entire system that pushed him to violence.

In August 2020, Rittenhouse and other white men answered a call to action by a former Kenosha city alderman for the formation of a militia to “take up arms” to defend Kenosha “from the evil thugs”. During the evening of the shooting, the presence of this militia was supported by local police officers who offered them water and affirmations, saying, “We appreciate you guys, we really do.”

According to the militia member Ryan Balch, a police officer told him that officers would be pushing protesters back towards the armed men, claiming that police believed the militia would “deal with” the protesters. After Rittenhouse shot the three men, witnesses shouted for his arrest but nearby officers appeared to let him disappear into the night and return to his home state of Illinois.

After the shooting, Rittenhouse was celebrated by conservative figures like Tucker Carlson and Ann Coulter and, of course, President Donald Trump. A rally was held in his honor and hundreds of thousands of dollars were raised in support of his legal defense. At least one police officer donated to the fundraising effort, commenting, “God bless. Thank you for your courage … You’ve done nothing wrong.”

Erin Decker, the Kenosha county Republican party chair, suggested that Rittenhouse was innocent and that “about 80% [of people in the area] support what Kyle did”. The Department of Homeland Security prepared talking points sympathetic to the shooter, prepping officials to say that he arrived in Kenosha to defend small business owners. As his case begins, it is clear that he will continue to receive support from many of those embedded in American institutions.

Kenosha county circuit judge Bruce Schroeder, who is presiding over the controversial case, had already made some questionable decisions while setting the parameters of the trial. Schroeder has ruled that the men shot by Rittenhouse cannot be described as “victims’’ in court because the phrase is too “loaded” and may sway the opinions of the jury. Schroeder also advised against Rittenhouse’s legal team referring to the men he killed as “looters” and “arsonists” but did not forbid them from doing so – a double standard that props up rightwing talking points about protesters during last year’s summer uprisings against police brutality.

Gaige Grosskreutz, the survivor of the attack, has not been charged with any crimes related to the protests, and the vast majority of 2020’s protesters engaged in peaceful action. Though those killed by Rittenhouse were white, the victim-blaming rings of the comments that often follow the murder of Black Americans at the hands of police and vigilantes. In 2014, more money was raised in support of the police officer who killed 18-year-old Michael Brown than was raised for Brown’s memorial service.

The judge has given Rittenhouse’s defense more room to maneuver, while blocking some damning evidence against Rittenhouse from entering the case. This evidence includes a video of him expressing a desire to shoot people that he thought were looters and photos of him posing with members of the far-right organization the Proud Boys – who used Rittenhouse’s name to promote a rally in Portland.

While Judge Schroeder may see his decisions as justified, he is still feeding into a larger pattern that surrounds Rittenhouse and the criminal justice system at large. The reality is that Rittenhouse was, compared with a Black man, less likely to be arrested for his crime, more likely to be bailed, less likely to be convicted and less likely to receive a prison sentence. It isn’t hard to imagine that a Black man in his position wouldn’t even be alive today – much like Philando Castile, who was shot by a police officer for simply disclosing that he had a firearm in his possession during a traffic stop.

Rittenhouse may have pulled the trigger, but there is a larger system at play, a system that sent him to Kenosha and will probably send him back home after the trial.

• Akin Olla is a contributing opinion writer at the Guardian