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Hamilton County prosecutor determines no criminal charges appropriate in February neo-Nazis rally

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EVENDALE, Ohio — The Hamilton County Prosecutor's Office has determined "no criminal charges or citations are appropriate" for the neo-Nazi group that rallied on an I-75 overpass near Lincoln Heights and Evendale earlier this year.

Prosecutor Connie Pillich said in a press conference the Hamilton County Sheriff's Office and Evendale Police Department both determined the neo-Nazis who took over the Victory Way overpass on Feb. 7 did not violate any criminal statutes or ordinances. Still, the two asked the prosecutor's office to review those decisions.

Pillich said her office, using the evidence provided by the sheriff's office and Evendale police, agreed no criminal charges or citations were necessary.

"The presence and message of the neo-Nazis is reprehensible ... and in a twist of irony, it is our country's legal framework protecting diversity of views that allows these hateful neo-Nazis to a have a presence," Pillich said in a release.

WATCH: Why were no charges filed in the neo-Nazi rally?

Prosecutor determines no charges appropriate in Evendale neo-Nazis rally

The prosecutor said her office looked at multiple statutes, including disorderly conduct, ethnic intimidation, anti-mask laws, riding in the cargo storage area and unlawful congregation on sidewalks and public grounds.

"From that review, the prosecutor's office agrees with both the sheriff's department and the Evendale Police Department that no prosecutable offense occurred during the Feb. 7 incident," Pillich said.

Pillich said while the rally led to traffic issues due to closed streets, "these resulted from actions taken by law enforcement" and therefore could not be considered disorderly conduct. She said there was one moment caught on camera that could be applied — video of an unidentified, masked neo-Nazi hurling insults to a Black man in a truck that pulled up next to them — however, Pillich said her office determined they do not believe "a successful prosecution" could have occurred.

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Hamilton County Sheriff's Office shares new video of neo-Nazi rally near Cincinnati

Her office also determined that ethnic intimidation and anti-mask laws could not be applied because both require a predicate offense like aggravated menacing, criminal endangerment or criminal mischief or more — none of which the evidence they received could support.

Video shows police told the neo-Nazis to leave in a U-Haul which was later seen in the nearby village of Lockland. Multiple people have questioned whether they could be charged with riding in a cargo storage area.

Pillich said "the facts of this incident could potentially form a violation ... this action was taken to expedite the removal of the neo-Nazis from a volatile scene." Because of this, the office determined that prosecution for the misdemeanor would be inappropriate.

She stated that if the neo-Nazis had refused an order from police to move on, they could have violated ordinances for unlawful congregation but because police did not give an order, it cannot be applied.

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