Weeks after public calls for a White man who some say instigated the July 26 Downtown brawl to face charges, the 45-year-old has been charged with a low-level misdemeanor − and few seem satisfied.
Local Black leaders say the charge doesn’t go far enough, while Cincinnati’s police union says the charge is unwarranted and officers were forced by the city to file it.
The charge was announced Aug. 19, more than three weeks after the brawl. The incident already had led to felony charges against seven people, including a woman who is accused of “stomping on” Alex Tchervinski, the man charged with disorderly conduct. Police have not released the Tchervinski’s name, but sources confirmed to The Enquirer that Tchervinski delivered a slap that appeared to escalate a verbal confrontation into a brawl.
Tchervinski is also listed in court documents as one of the alleged victims in the brawl. He told Enquirer media partner Fox19 that he was struck in the head 28 times and robbed.
Police union president says city attorney ordered officers to file charge
The police union’s president, Ken Kober, says the city solicitor’s office ordered officers to file the disorderly conduct charge against Tchervinski.
Kober told The Enquirer that the situation is unprecedented. He said the captain who signed the charging documents did so to protect his officers from having to deal with the inappropriate charges.
Kober previously criticized some of the city’s politicians for pressuring the police.
“Politicians need to stay out of law enforcement,” Kober said. “It does the community no good to have leaders fueling this.”
City spokeswoman Mollie Lair said the solicitor’s office did not order police to file charges.
“It’s common for the solicitor’s office to collaborate with CPD during an investigation to provide legal guidance whether probable cause and evidence exists to support a criminal charge,” Lair said in an email.
Black leaders say disorderly conduct charge is not enough
At the same time, local Black leaders who publicly called for Tchervinski to face charges say disorderly conduct is not enough.
The low-level misdemeanor is punishable by up to 30 days in jail but most often results in a fine.
The Rev. Damon Lynch III, a Black pastor who was among the voices calling for charges, said disorderly conduct doesn’t fit with what happened.
“We believe he should have been charged with inciting a riot,” Lynch said. “He’s only looking at 30 days, while the other people are looking at 30 years.”
Lynch pointed out that the only other people charged in connection with the brawl are Black, and all face felony charges that carry lengthy prison sentences. All seven of those defendants are charged with aggravated rioting. Six also are charged with felonious assault.
What happened in viral videos
Widely circulated video appears to show Tchervinski slapping a Black man in the face during a confrontation, which happened on Fourth Street around 2:45 a.m.
In the ensuing fight, several people attacked Tchervinski, and he ended up on the pavement.
One woman is accused of “stomping on (the man),” according to court documents. That woman is one of the seven people facing felony charges for their alleged actions during the brawl.
Prosecuting victim could cause difficulty in court
Charging Tchervinski with a crime makes prosecuting anyone accused of attacking him much more difficult, a retired prosecutor told The Enquirer.
If called as a witness at trial, he could invoke his Fifth Amendment right not to testify, because that testimony could be self-incriminating.
“Just because you can do something, doesn’t mean you should,” Mark Piepmeier, who retired in May from the Hamilton County Prosecutor’s Office, said before the charges were announced.
Court documents unavailable
Tchervinski’s name was withheld by police under a state law, Marsy’s Law, which allows crime victims to keep their names from being released to the public.
The Enquirer has attempted to obtain documents charging him with disorderly conduct, but no documents had been filed in Hamilton County Municipal Court as of Aug. 21.
State Rep. Cecil Thomas, a Democrat from North Avondale, said he believes, based on the videos that he’s seen, the man who administered the slap instigated the brawl.
“That’s really a slap in face to the African-American community in the city of Cincinnati, as well as people of goodwill who know that does not serve justice in any way shape or form.”
Black leaders plan to meet on Fountain Square on Aug. 21
In a statement released Aug. 20, Cincinnati Mayor Aftab Pureval reiterated his call for anyone involved in “perpetrating violence” to be held accountable.
“This is another step toward achieving that,” Pureval said. “And I want to thank CPD and the prosecutors for their hard work as this process continues.”
Lynch said the fight is being used a political tool on the national stage. At noon Aug. 21, faith leaders and Black community groups plan to meet on Fountain Square for a demonstration meant to counter messages coming from local and national politicians.
“Cincinnati is now in the spotlight of the Republican Party’s narrative that Democratically run cities are unsafe,” Lynch said. “What’s lacking is the Democratic response.”
This report was updated to add a gallery.
This article originally appeared on Cincinnati Enquirer: Is charge against White man in Cincinnati brawl political or not enough? Debate continues
Reporting by Cameron Knight and Kevin Grasha, Cincinnati Enquirer / Cincinnati Enquirer
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