The trial for Alexander Tchervinski, who faces a misdemeanor charge in the Downtown brawl that went viral in July, was continued again on Monday.
Assistant City Prosecutor Jennifer Bishop asked for the continuance saying a key witness was not present because he feared for his safety.
Bishop said misinformation in the media portrayed this witness as an FBI informant when he is not.
The trial was supposed to start last month and was continued after the Tchervinski’s lawyers said two witnesses were added at the last minute. Tchervinski’s lawyer, Douglas Brannon, said an FBI informant was included on the witness list.
Brannon said he never claimed the man in question was an informant, only that it appears an informant was present at the brawl and that the prosecution will not reveal the identify of the informant.
Municipal Court Judge Donte Johnson granted the continuance on Jan. 12, but said it was the last continuance the case would get.
Brannon said his client is ready
“We want our trial and we want our day in court,” Brannon said.
Tchervinski, 45, is charged with disorderly conduct, which carries a sentence of up to 30 days in jail and a $250 fine.
He is among a total of eight people charged in the brawl. Tchervinski is White, while the seven other people are Black and face felony charges.
Local Black leaders had called for Tchervinski and any other White people involved to face charges similar to those the Black defendants face.
Cincinnati’s police union has said the charges against Tchervinski are unwarranted and were prompted by politically motivated orders from the city. The city has said no such orders were made.
The viral videos of the fight showed a verbal confrontation escalating to physical violence. One shows Tchervinski slapping a man, another shows Tchervinski knocked to the ground and getting beaten, and another shows a White woman who appears to be knocked out.
Brannon has said his client acted in self-defense during the entire confrontation.
On Monday, Brannon said the attack against Tchervinski was racially motivated. He said that Tchervinski was not going to abandon his friends as the attackers picked them off.
Brannon said Tchervinski is cooperating with law enforcement in the felony cases and is prepared to testify if needed.
Tchervinski was struck approximately 28 times in his head and face, Brannon said, and as a result suffered from concussion syndrome and post-traumatic stress disorder.
The brawl became the center of a political firestorm as Mayor Aftab Pureval, a Democrat, faced off against challenger Cory Bowman, a Republican and Vice President JD Vance’s half brother.
For months, Pureval fought off attacks saying Cincinnati was unsafe and he was mishandling the situation. Other Democratic mayors across the country have faced similar criticism.
Pureval ended up winning the election in a landslide, but the city is still dealing with the political fallout. In the aftermath, Chief Teresa Theetge was placed on administrative leave and a law firm was hired to investigate her performance. Interim Chief Adam Hennie has been running the department since the middle of October.
Hennie was in the courthouse on Monday. He shook hands with Tchervinski and others in a hallway as he passed by with a detective and an assistant chief.
Brannon has recently filed a motion fighting the prosecution’s request to restrict media access to the trial. The nature of the restrictions is not clear and Judge Johnson has not ruled on any motions regarding access. The matter would likely need to be addressed before the trial can start.
“This is America,” Brannon said. “These are free and open courts.”
The new date for the trial had not been determined at the time of this report.
The Enquirer will update this report.
This article originally appeared on Cincinnati Enquirer: Case continued for man named as victim and suspect in viral brawl
Reporting by Cameron Knight, Cincinnati Enquirer / Cincinnati Enquirer
USA TODAY Network via Reuters Connect
