A protester arrested after bringing a cane sword, which their attorneys labeled a "prop," to a Cincinnati City Council meeting has been acquitted of carrying a concealed weapon into City Hall, according to court records.
Hamilton County Municipal Judge Samantha Silverstein found 29-year-old Al Dalton not guilty of the weapons charge, but guilty of resisting arrest on Oct. 1. Both of those charges are misdemeanors. Dalton was sentenced to time served.
The verdict came after a nonjury trial on Sept. 15, at which the judge also acquitted Dalton of inducing panic and disturbing a lawful meeting, citing insufficient evidence presented by prosecutors to prove the charges.
"We're really glad that the court took an opportunity to look at this item and
determine what it actually was," Ali Archual, one of Dalton's public defenders, told The Enquirer.
Dalton did not respond to a phone call and text message.
Cane with hidden sword prompts public arrest in council chambers
Prosecutors said Dalton entered City Hall with the cane sword on May 6 ahead of an afternoon council meeting. They told officers during a security screening that they needed the cane for mobility support and Dalton was allowed through.
Someone with knowledge of the hidden sword told Cincinnati police Sgt. Jerry Kinebrew about it, and he took the cane from Dalton before public comment, prosecutors said in a court filing. When Kinebrew asked whether the cane contained a sword, Dalton said it didn't.
Dalton spoke at the start of the meeting, saying police confiscated their cane and accused Cincinnati police of mistreatment and harassment. At the same time, prosecutors said Kinebrew opened the cane and pulled out the sword.
Less than a minute after they sat down, the officer had Dalton on the ground and struggled to place them in handcuffs.
Prosecutors said the arrest came after Kinebrew tried to get Dalton to come into the hallway to speak with him, but they refused to leave their seat. They added that Dalton pulled away from the officer and took themself to the floor, lying in such a way that police couldn't place their right arm in handcuffs.
Kinebrew called for backup and officers were eventually able to get the handcuffs on, prosecutors said, noting the sergeant had "probable cause or a reasonable basis" at the time of the arrest to believe Dalton brought a concealed weapon into City Hall.
Protester's City Hall arrest followed remarks online, at council meeting
Prosecutors previously pointed to Dalton's comments at city meetings and social media posts as cause for concern.
At an April 29 council meeting, Dalton said council members "should be" scared of opposition from protesters against the city leasing Piatt Park to the Cincinnati Center City Development Corp., better known as 3CDC.
"You may sit comfortably in chairs above us, but there are people that are angry and hungry, and they have nothing left to lose," Dalton said at the meeting. "The people of Cincinnati will not back down because we have nothing left to lose. I am willing to die for my people."
Dalton also posted a video on social media two days before the meeting of them getting the cane with the sword sheathed inside. The video was captioned, "So, we're keeping the park?" They posted a quote on social media encouraging people to arm themselves and kill their opponents "without mercy" in a "war of extermination."
Attorneys: Cane sword is 'novelty item,' not deadly weapon
In a written closing argument, Dalton's attorneys said the cane sword is a "novelty item" and a "prop" that wasn't designed as a weapon or adapted for use as one.
Court filings describe it as a heavy, metal cane with a sculpted dragon's head that serves as a handle for the sword hidden in its shaft. The attorneys argued that because it takes two hands to unscrew and release the sword, which had blunted edges and an unsharpened point, it's not meant to be a weapon.
Dalton never unscrewed the sword, brandished it at city officials, or threatened to use the sword, the attorneys said, adding that Dalton was simply using the cane as a mobility aid.
If Cincinnati police took the time to examine the cane, the attorneys added, officers would've discovered that it's not a weapon.
The judge was able to review the cane at trial and ultimately agreed with Dalton and their attorneys that it is not a deadly weapon.
"I'm happy that the truth is finally public information," Archual, the attorney, said.
This article originally appeared on Cincinnati Enquirer: Protester who took 'prop' cane sword to City Hall partially acquitted
