Lawyer for white male who slapped black male then got beaten up in Cincinnati mob attack blasts charge against client



The attorney for the white male seen on video slapping the face of a black male, then getting beaten up in last month's Cincinnati mob attack, blasted the misdemeanor disorderly conduct charge against his client.

A cellphone video shows a white male and several black males squaring off before the mob attack begins. The video shows light physical contact between the white male and two black males, while others of both races appear to try to break things up. Then amid verbal sparring, the white male lightly slaps the face of a black male — and then the mob attack commences.

'Overruling law enforcement and prosecutors for cheap political points is a disgraceful stain on our city, and those responsible should be utterly ashamed of themselves.'

The above video and a second clip show the mob repeatedly stomping, kicking, and punching the white male while he's lying in the street.

Doug Brannon — attorney for 45-year-old Alexander Tchervinski — told WXIX-TV that his client "is continuing to suffer from his injuries. He was brutally beaten in the attack, like many others were, and he's continuing his medical treatment."

Tchervinski told WXIX anchor Tricia Macke that he was hit in the head 28 times and robbed.

WLWT-TV reported that its sources confirmed that the white male seen on video slapping the black male is Tchervinski.

RELATED: Cincinnati official who said mob attack victims 'begged' for beating doubles down; woman punched in face records tearful clip

But Brannon emphasized to WXIX that the charge against his client is "victim-blaming" and that studies of multiple videos of the mob attack show Tchervinski was protecting himself and others.

"It's very clear in all of the videos — except those edited for political purposes — that Alex was, in fact, acting in self-defense of himself and his friends,” Brannon noted to WXIX.

More from WXIX:

Officer Ken Kober, president of the union that represents Cincinnati police, said in a news release Wednesday, “Cincinnati City Solicitor Emily Smart Woerner bowed to political pressure and ordered the Cincinnati Police Department to file misdemeanor disorderly conduct charges against a man who was the victim of a serious felony assault during the July 26th violence in downtown Cincinnati.

“This blatantly political order came after both law Cincinnati law enforcement and Hamilton County prosecutors had concluded proving any sort of crime against the victims would be extremely difficult.

“City Solicitor Woerner and the Pureval administration’s blatant political meddling is the most egregious I’ve witnessed in my career,” Kober said.

“Overruling law enforcement and prosecutors for cheap political points is a disgraceful stain on our city, and those responsible should be utterly ashamed of themselves.”

A city spokeswoman denied that claim Wednesday, WXIX reported.

RELATED: Cincinnati official who said mob attack victims 'begged' for beating doubles down; woman punched in face records tearful clip

The station added that Kober earlier in August warned that the mayor's administration was pressuring law enforcement to find a crime to charge the victims with.

Kober on Wednesday also said Cincinnati Police Chief Teresa Theetge refused to force detectives to charge Tchervinski, WXIX reported, adding that instead Captain Adam Hennie — the detectives’ supervisor — signed the charge.

"It erodes public trust when you have politicians stepping in and saying we should sign these charges, or we're going to order police to sign these charges," Kober added to the station. "Police have a job to do; let them do it."

Still, WXIX legal analyst Mike Allen told the station that getting convictions will be tough, as prosecutors must show Tchervinski kept up his disorderly conduct after an officer or fire personnel warned him to stop — or that he was within 1,000 feet of a school. And no released video shows either caveat happened, the station said.

Allen — who served as Hamilton County Prosecutor from 1999 to 2004 — added to WXIX that the city also must prove Tchervinski previously was convicted three times of disorderly conduct.

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White male who slapped black male's face prior to Cincinnati mob attack — and got thrashed in beatdown — has been charged



The white male seen on video slapping a black male's face just moments before last month's Cincinnati mob attack has been charged, WLWT-TV reported.

Police said the 45-year-old white male was ordered to appear next Tuesday in Hamilton County Municipal Court, the station said.

'We still question the fairness in charging based on the information we have seen and the conversations we have had.'

While police didn't release the suspect's name, noting he's a mob attack victim and that Marsy’s Law prevents authorities from releasing his identity, WLWT said it spoke with the suspect on the phone Tuesday night.

The station said Alex Tchervinski confirmed he's facing the misdemeanor charge. WLWT said he's been charged with disorderly conduct, a fourth-degree misdemeanor.

A cellphone video shows a white male and several black males squaring off before the mob attack begins. The video shows light physical contact between the white male and two black males, while others of both races appear to try to break things up. Then amid verbal sparring, the white male lightly slaps the face of a black male — and then the mob attack commences.

The above video and a second clip show the mob repeatedly stomping, kicking, and punching the white male while he's lying in the street.

The station said its sources confirmed that the white male seen on video slapping the black male is Tchervinski.

In addition, a black male seen on a third cellphone video standing next to the face-slap victim appears to be the first individual to physically retaliate against the white male. As it happens, police are looking for another mob attack suspect, and the image cops released of this suspect appears to match the appearance of the male seen retaliating on video.

Cincinnati's black leaders had been demanding charges against the white male who issued the slap.

RELATED: Cincinnati police looking for another mob attack suspect; videos appear to show him punching white male just after slap

"What incited and who incited the rioting? If the riot is because of a slap, who incited the rioting?" Rev. Damon Lynch said recently to a crowd at New Prospect Baptist Church, WXIX-TV reported.

BlazeTV host Jason Whitlock — who's been commenting on the mob beatdown since it all unfolded late last month — blasted Cincinnati's black leaders for their collective stance.

RELATED: Cincinnati official who said mob attack victims 'begged' for beating doubles down; woman punched in face records tearful clip

One of the clips Whitlock aired shows Rev. Lynch altering the lyrics of a Jim Croce song for his own purposes as he spoke to the crowd at church: "You don't tug on Superman's cape, you don't spit in the wind, you don't pull the mask off the ol' Lone Ranger, and you don't slap a black man in the face."

Whitlock responded to Lynch's words by saying, "Why is he racializing this? It's disrespectful to slap anyone, regardless of color, in the face. Is he saying ... if a black person slaps a black person in the face, it's OK? If a black gang member shoots a black man in the face, it's OK? If a black gang member accidentally shoots some young black child, it's OK? But everybody knows that you don't slap a black man in the face, I guess, unless you're black. He's in a church talking about common street thugs — and I'll include the white guy in that, because he ... seemed to be trying to fight with someone. ... [The reverend is] justifying to the people in that audience and other black people in Cincinnati that if you get slapped in the face by a white person, a gang of you all should jump on that man and beat up the woman. This is inside of a church! This is insanity; this is lack of humility."

WLWT said Ken Kober, president of the Cincinnati Fraternal Order of Police, is unhappy about the decision to charge Tchervinski: "The city administration is eroding the very fabric of the justice system with orders to prosecute those without probable cause. Cops are being used as political pawns. It's disgusting."

Chief Assistant Hamilton County Prosecutor Kip Guinan addressed the face slap, saying that it came after someone else was already beaten, not before, WXIX reported. Guinan also acknowledged that racial slurs are audible on some of the videos of the mob attack — however, he said the slurs were uttered "a minute and 47 seconds into the brutal beatdown," the station reported.

"Were there words said? Yes. Were they inappropriate? Absolutely," Guinan also noted, WXIX reported, before adding that "these poor people were being assaulted, stomped WWE-style, elbow-drops onto pavement. One woman was knocked out to the point her head hit the pavement. We could be here on a homicide."

But WLWT said David Whitehead, president of the Cincinnati NAACP, released a statement which reads, in part: "We still question the fairness in charging based on the information we have seen and the conversations we have had. Street altercations typically result in disorderly conduct charges and ... defendants [are] being charged beyond that."

Prior to the charge against the white male, seven others — all of them black — have been charged in connection with the mob attack. Six of of the seven have been indicted on eight charges each: three counts of felonious assault, three counts of assault, and two counts of aggravated riot. Those six face nearly 30 years in jail if convicted on all charges.

The two female suspects last week got big breaks from a judge who reduced their bonds of several hundred thousand dollars each down to $25,000 each, of which they owed just 10%. Fox News said the two females were released from jail Friday.

RELATED: Male accused of punching woman in face, knocking her out during Cincinnati mob attack finally appears in court

(L to R) Dekyra Vernon, Aisha Devaughn. Image source: Hamilton County (Ohio) Sheriff

The seventh suspect — 32-year-old Gregory Wright — was indicted Friday for aggravated riot and aggravated robbery, WXIX reported in another story, citing court records. Wright pleaded not guilty at his initial arraignment, the station said.

Police said in a criminal complaint that Wright "did by force rip the necklace off the victim while he was being assaulted by four or more co-defendants attempting to cause serious physical harm," WXIX said, adding that a police flyer indicated Wright put the necklace in his pocket and then took video of the rest of the mob attack. Wright remained behind bars Wednesday morning, jail records show.

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Mom and her 17-year-old daughter board middle school bus, start slugging 8th-grade boy: Report



A mother and her 17-year-old daughter boarded an Indianapolis-area middle school bus last week and starting hitting an 8th-grade boy, according to WXIN-TV.

Warren Township School Police said in a report that officers were called just before 9 a.m. March 6 for a “simple assault disturbance” and trespassing at the intersection of East 35th Street and North Richardt Avenue, the station said.

'You wanna put your hands on my brother? If I have to get back on this bus, I’m gonna kill you.'

WXIN said the "media narrative written in the police report" reads “parent and sister board brother’s school bus to fight.”

The station reported that a video of the fight was posted on Facebook. However, the video now appears to have been taken down.

What happened on the bus?

WXIN, however, reported that the clip appears to show a student in a gray hoodie punching another student in a dark gray T-shirt. The student in the gray hoodie throws least six punches, the station said, adding that two females then walk toward the fight.

WXIN said the females grab at the student in the gray hoodie, and one of the females is seen standing atop a school bus seat and ripping the gray hoodie off him.

"Stop jumping him! Hey, don't jump him!" a bystander yells at the two females.

But the two females begin throwing multiple punches at the gray hoodie-wearing student, and the punches appear to land on the student’s head, chest, and stomach, WXIN reported.

The station added that before delivering more punches, one of the females in the video asks the hoodie-wearing student, "You wanna put your hands on my brother? If I have to get back on this bus, I’m gonna kill you.” However, those outbursts aren't audible on WXIN's video report.

The station said the other female yelled at the person recording the incident, “I’m sick of you b***h-a** kids at this school. Yeah, record it!”

The video ends before the two females leave the bus, WXIN said.

You can view the station's video report here about the incident; it includes some clips from the now-deleted video of the physical attack.

Arrests

The police report states that three people were arrested on the following preliminary charges, WXIN said:

  • A 36-year-old Indianapolis woman was charged with battery (a Class A misdemeanor), disorderly conduct (fighting) (a Class B misdemeanor), intimidation (a Class A misdemeanor), and criminal trespass/refuse to leave (a Class A misdemeanor).
  • A 17-year-old Indianapolis female was charged with battery (a Class A misdemeanor) and disorderly conduct (fighting) (a Class B misdemeanor).
  • A 13-year-old Indianapolis male was charged with battery (a Class A misdemeanor) and disorderly conduct (fighting) (a Class B misdemeanor).

The station said no other information is provided in the police report or in the school’s statement.

Anything else?

Officials from Warren Township — which is about 20 minutes east of Indianapolis — told WXIN the district is taking “all necessary steps to address the situation” and asking witnesses to provide further information.

The station added that since "all charges listed in the police report are preliminary misdemeanors," it's not naming any of the individuals who were arrested.

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Judge Throws Out Green Bay’s ‘Retaliatory’ Disorderly Conduct Citation Against Election Observer

'It does appear the municipal citation was retaliatory due to the Wisconsin Elections [Commission] complaint that was filed,' the judge said.

Jussie Smollett, who staged fake hate crime against himself, gets 150 days in jail, tells judge 'I am not suicidal!' after sentence



Jussie Smollett on Thursday was sentenced to 150 days in jail after a jury in December found him guilty on five of six counts of felony disorderly conduct for staging a hate crime against himself and then lying to police about the hoax.

After his sentence was handed down, Smollett spoke sharply to Cook County Judge James Linn and said, "I am not suicidal, and I am innocent." He added that "I did not do this" and that "if anything happens" to him while in jail that he didn't do it to himself.

The sentence also included 30 months probation, $120,000 of restitution payments, and a $25,000 fine.

'Your very name has become an adverb for lying'

In an address before issuing his sentence, Linn eviscerated Smollett, calling him a "charlatan" and telling him "your hypocrisy is astounding" and "you wanted to make yourself more famous" through the elaborate, "premeditated" caper and then "you threw a national pity party for yourself." But the worst part, the judge said, was that Smollett lied to authorities about it all.

"Your very name has become an adverb for lying," Linn said.

The former "Empire" star — who is black and gay — made national headlines for claiming a pair of supporters of then-President Donald Trump physically attacked him near his apartment in Chicago in the early morning hours of Jan. 29, 2019.

He claimed the two men wearing ski masks confronted him as he was leaving a Subway restaurant around 2 a.m. in below freezing conditions and yelled "aren't you that f***ot 'Empire' n*****?" before beating him up, putting a rope around his neck, pouring bleach on him, and hollering, "This is MAGA country!" — a reference to Trump's red "Make America Great Again" hats.

But once a police investigation began, Smollett's story began to crumble.

What else happened at the sentencing hearing?

Smollett's defense pushed for a new trial, but the mountain of evidence against their client was too high, and Linn — who presided over Smollett's trial late last year in which he was convicted — denied the new trial request.

Prior to sentencing, the prosecution read a victim impact statement from the city of Chicago that blasted Smollett for making it less likely that actual victims of hate crimes will come forward to law enforcement. The city also requested just over $130,000 in restitution for the resources they said Smollett wasted.

Character witnesses for Smollett implored a sentence without prison time, including his brother who declared to the courtroom that the prosecution had no evidence against Smollett. The defense also detailed numerous letters — including ones from the Rev. Jesse Jackson, the president of the NAACP, and a Black Lives Matter representative — that pleaded for mercy in sentencing.

The 39-year-old faced a maximum sentence of up to three years in prison. Legal experts had said the sentencing judge would consider Smollett's otherwise clean criminal record and predicted he'd be sentenced to probation with required community service.

What else happened during the investigation and trial?

Chicago police caught the two suspects in the crime, Nigerian-born brothers Abimbola and Olabinjo Osundairo — aspiring actors whom Smollett knew from the Chicago set of "Empire" and from the gym. The brothers told police Smollett paid them to stage the attack in an effort to boost his career. In fact, then-Chicago Police Superintendent Eddie Johnson said Smollett used a check to pay the brothers $3,500 to pull off the staged attack.

Johnson added that the hoax "pissed everybody off."

Detectives said surveillance video and in-car taxi videos corroborated the Osundairo brothers' claims, as did telephone logs, ride-share records, and credit card records, according to a case summary document prosecutors released.

During Smollett's trial, prosecutors alleged the actor even arranged a "dry run" of the hoax with his co-conspirators days prior to it taking place — and that the practice session was captured on surveillance video.

The Osundairo brothers testified against Smollett in the trial, each taking the witness stand to repeat their claims that Smollett told them to place a noose around his neck and shout racial and homophobic slurs while roughing him up in view of a street camera.

Smollett testified in his own defense and maintained “there was no hoax" and that the brothers are “liars” who attacked him over homophobia and tried to extort money from him after the fact.

Lead prosecutor Dan Webb wasn't buying it, saying Smollett's lies cost the Chicago Police Department resources and caused racial division.

“Besides being against the law, it’s just plain wrong for Mr. Smollett, a successful black actor, to outright denigrate something as serious, as heinous, as a real hate crime. To denigrate it and then make sure it involved words and symbols that have such horrible historical significance in our country," Webb said according to the Chicago Sun-Times.

Anything else?

After Smollett's December conviction, Webb said in his full report regarding State's Attorney Kim Foxx's handling of the case that her office committed several procedural irregularities and ethical missteps — including that the decision to allow Smollett to enter into an "alternative prosecution" agreement constituted an "abuse of prosecutorial discretion."

In addition, former U.S. Rep. Tulsi Gabbard, a Democrat, said Smollett "spit in the face of real victims of bigotry" by "lying about being attacked because of his race" and "should be sentenced to the fullest extent of the law to serve as an example and to send a very strong message to anyone who thinks about pulling a hoax like this in the future."

Social media also ripped Smollett after his guilty verdict — but left-wing Hollywood remained more or less silent.

The left, however, had plenty to say immediately after Smollett claimed he was attacked. Vice President Kamala Harris — who at the time was a U.S. senator from California and a week into her presidential campaign — called it "an attempted modern day lynching. No one should have to fear for their life because of their sexuality or color of their skin. We must confront this hate."

Image source: Twitter

Harris' tweet was still active Thursday evening.

This is a breaking new story; updates may be added.

Juror in Jussie Smollett trial admits jury agreed to do Smollett a 'favor' by finding him not guilty on one count



One of the jurors who sat on Jussie Smollett's jury recently spoke out about deliberations in the trial, admitting the 12-person panel did Smollett a "favor" by finding him not guilty on one of the criminal charges against him.

Smollett was found guilty last week on five of six counts of felony disorderly conduct over the hate crime hoax that he staged in January 2019.

What did the juror say?

Speaking with the Chicago Sun-Times, the juror admitted that "we all thought we were doing Jussie a favor" by finding him not guilty on one of the charges.

That felony charge of disorderly conduct was related to a Feb. 14, 2019, interview between police and Smollett in which Smollett was accused of lying about being a victim of an "aggravated battery." The other five charges stemmed from Smollett lying about being the victim of a mere "battery." Thus, the jurors did not understand the difference in charges.

The juror told the Sun-Times, "I think we probably would have found him guilty" on the last charge had prosecutors levied the same accusation against Smollett regarding the Feb. 14 incident, that he lied about being the victim of a battery.

Any dissenters?

The juror additionally explained why the jury required nine hours to convict Smollett of crimes that seemed so obvious to others.

Not only did the jury use the deliberation time to carefully consider all the evidence and whether prosecutors presented their case beyond a reasonable doubt, the juror revealed that some on the jury had doubts when deliberations began.

"It was not evenly split, but there were some doubters," the juror said. "I just hope that [Smollett and his attorneys] know that we went in there with an open mind. I listened to both sides. We wanted to make sure that those who had doubts didn’t feel pressured.”

"It wasn’t an easy decision. You’ve got the mother sitting there. You feel bad. We didn’t know what the penalty would be. Are we sending this guy to jail?" the juror, a female, told the newspaper.

Is the verdict inconsistent?

Nenye Uche, lead attorney for Smollett's defense, characterized the verdict as inconsistent because the jury decided Smollett was guilty and not guilty of lying to police about the same incident.

“Jussie was not accused of doing two different things and he was accused of doing one thing, and charged multiple times for the same incident, a jury cannot come out and say guilty of lying, but not guilty of lying,” Uche said. “It doesn’t make sense.”

However, law professor Richard Kling disagreed, telling the Sun-Times the verdict reflects a nuanced decision in which the jury was convinced beyond a reasonable doubt on most charges, but not all.

"I think that’s a wonderful reflection on the jury," King said of the outcome. "This was not inconsistent. On five counts they found he was responsible, and the other one they were unsure."

Smollett faces three years in prison for each felony count — meaning he could be sentenced to prison for a maximum of 15 years under Illinois law — but legal experts believe he will not face any jail time because he lacks a previous criminal record, WMAQ-TV reported.