CINCINNATI — All charges have been dropped against a man accused of taking part in a violent downtown fight last summer.
Alex Tchervinski was charged with disorderly conduct, a misdemeanor, after videos showed him slapping another man towards the beginning of a downtown brawl that garnered national attention and resulted in eight arrests.
As his criminal trial was set to start Tuesday morning, prosecutors told the judge that while Cincinnati police officers involved in the case — including interim chief Adam Hennie — were present, their two witnesses had not responded to subpoenas.
"We cannot go forward with the prosecution without those witnesses being present," senior assistant prosecutor Jennifer Bishop said.
This marked the second-straight time the city's witnesses did not appear for Tchervinski's case. The trial, first set for October 2025, was continued and reset for Jan. 12 after the city disclosed a witness. However, no witness appeared on the planned trial date, pushing things to Tuesday.
"This matter has ... great weight on Mr. Tchervinski, my client," Tchervinski's attorney Douglas Brannon said. "We are here and prepared and ready to go forward today. We've prepared for this trial for three separate occasions, and at this point, I think if the state has failed to proceed at this point, we ask for the charges to be dismissed."
With that, the judge dismissed the case for want of prosecution.
WATCH: We heard from Tchervinski's attorney after the dismissal
Speaking after the dismissal, Brannon said Tchervinski never should have been charged.
"Alex is relieved to have this chapter of his life over with, and now they can proceed forward with the true criminals in this case, which are the people that beat Alex and his friends that evening," Brannon said.
Following court, a city spokesperson sent the following statement:
“Witnesses who the City anticipated would provide key evidence were not present at court today. As this was the second trial setting for this matter, the case was dismissed for want of prosecution.”
Police originally announced a 45-year-old white man had been charged in connection with the fight near the intersection of 4th and Elm streets in the early morning of July 26. Police did not name him, citing Marsy's Law, as he has also been identified as a victim in the fight.
We spoke with Tchervinski, who told us he was the person charged with disorderly conduct.
He was one of eight people charged in connection with the fight. The seven people charged first were Black, something Black community leaders took issue with — calling for police to charge a white man they believed to have incited the fight.
Watch below to see the body camera footage from that night:
"The Black community of this city demands to be respected, and until justice is fully served, this city can not and will not move forward," state Rep. Cecil Thomas (D-Cincinnati) said during a community meeting about the fight last summer.
Clyde Bennett, who represents Dekyra Vernon — one of the other defendants charged — said her case is ready to go to bench trial along with six others May 11. Dominique Kittle was found incompetent to stand trial and has a hearing in September on a report updating his condition.
"We're ready to proceed in May. I have all of the discovery, I have all of the evidence, and we're ready to try the case." Bennett said. "I think (Vernon's) case is going to be resolved favorably… I think she was overcharged."
Bennett also expressed frustration with what he sees as an imbalance in charging decisions.
"It's crystal clear that that man should have been charged with the same charge as everybody else because of his conduct," Bennett said of Tchervinski. "He should have been charged with rioting. That's my opinion, based on the facts and the law in Ohio."
Tchervinski had pleaded not guilty to the charge he faced; his legal case had long been unavailable online.
The City Solicitor's Office, which filed the disorderly conduct charge, explained the sealed nature of the case in a statement to WCPO 9 News.
"In an effort to comply with Marsy's Law, the city has filed a motion with the court to have the court weigh in on what should be made public and what should not," a spokesperson said.
You can see more video from the fight below:
Marsy's Law is designed to protect crime victims' rights and privacy.
Brannon told us last year he's not sure why the city decided to file charges yet keep the case under seal.
"I can't explain why the city brings a charge and then wants to try and conceal it at the same time," Brannon said. "I think that this is something that needs to be aired to the public."
Brannon said Tchervinski and his friends were celebrating a friend's birthday at a bar on Fourth Street that night. He said nothing happened inside the bar that spilled over outside and that Tchervinski was acting in self-defense.
"We're not aware of anything that led up to the assault that happened for my client. It appears to be a racially motivated assault," Brannon said.
On Tuesday, Brannon said from Tchervinski's perspective, he "never committed a crime" and "always acted in self-defense" of himself and his friends.
"These were people that were severely beaten, were victims and were victimized again when they brought this bogus criminal charge against (Tchervinski)," Brannon said. "The state clearly had witnesses here, two detectives and the chief of police, and yet they didn’t call them. Why? Because none of those people thought a crime ever occurred or wanted charges brought against Alex."
Bennett said he understands but ultimately disagrees with Brannon's stance that prosecutors' inability to produce key witnesses for the trial was indicative of the strength of the case against Tchervinski.
"It was dismissed procedurally, not in a way that proves (Tchervinski) shouldn’t have been charged," Bennett said. "The decision to not charge him with a felony still remains a controversial decision. That’s a problem, but the dismissal itself, if the state didn’t have the witnesses, was appropriate."
Brannon said Tchervinski will now assist the county prosecutor in the pending cases against others involved in the fight.
Bennett said he’s “not impressed” with Tchervinski as a potential witness.
"I think the evidence clearly proves that he was drunk, belligerent and violent," Bennett said. "That's my opinion based on what I've reviewed."
When asked if Tchervinski is considering civil litigation, Brannon said it's a possibility.
"We are looking at those options right now," Brannon said. "The next domino that needs to fall is these people being convicted of the crimes they committed, and from there we will proceed forward with a possible civil case."
