CINCINNATI — A man charged in connection with a viral downtown fight remains in jail on a bond that's nearly $290,000, while his attorney argues mental illness — not criminal intent — should be the focus of the case.
Dominique Kittle, 37, faces felonious assault and aggravated riot charges stemming from the brawl that garnered national attention last month.
"If you got open eyes, it's on national news, it's everywhere," said Joshua Evans, one of Kittle's attorneys. "So, my thought process is judges don't want to look soft on crime."
Evans told us that Kittle suffers from paranoid schizophrenia, making his current detention particularly harmful.
"The situation is the worst possible thing that could happen to someone with his mental health diagnosis," Evans said.
Kittle, known locally as "goony," has strong community ties, according to his attorney, who has known him since childhood.
"I've known Mr. Kittle since a youth, and I've not known him to be violent towards anybody," Evans said.
Kittle's defense suggests racial slurs may have triggered the confrontation and claims Kittle was frightened during the incident.
Prosecutors countered this argument last week by citing Kittle's previous criminal record.
"2018, misdemeanor assault from (a) judge, 2012 count of aggravated robbery, excuse straight robbery, in front of (a) judge, of which he did two years," a prosecutor stated in court.
Court documents show at least two previous cases against Kittle were dismissed because doctors "found the defendant incompetent to stand trial" — once in 2010 and more recently in 2021.
You can watch Kittle's attorney break down his client's claims below:
Evans believes the bonds were set too high and that suspects apprehended in this case so far are overcharged. He also questions why others involved haven't faced charges.
"I think everybody should be charged," Evans said. "If you're going to charge some, you (can't) not charge everybody."
"The gentleman who smacked, everybody saw that slap on camera, I think he should be charged," he continued.
Prosecutors maintain their position is based solely on evidence.
"I have reviewed all of the evidence, which he has not done. I can again tell the public this case has zero to do with race. It has zero to do with politics," a prosecutor said.
Evans acknowledged he hasn't seen all the evidence yet.
"The state of Ohio has a full video, so maybe I'll, at some point, see that video and my opinion will change," he said.
Police say the investigation is ongoing. Kittle is scheduled to appear in court Wednesday.
