At the prosecutor's request, a Hamilton County judge dropped charges that alleged a man who recorded a large gathering in Over-the-Rhine violated Ohio's stay-at-home order.

And while the case isn't over, Rashaan Davis, 26, is being released from jail.

Judge Alan Triggs Wednesday, at the request of the Hamilton County Prosecutor's Office, dropped the misdemeanor charge of violating the stay-at-home order, but the felony inciting violence charge remains pending. Davis' lawyer Clyde Bennett II argued it too should have been dismissed, saying Davis didn't do anything others haven't, which is chronicling what's going on in their neighborhood during the coronavirus pandemic.

Davis has been held in the Hamilton County Jail on $350,000 bond – $150,000 of it for the stay-at-home order violation – since his April 5 arrest.

An inciting violence charge remains pending until a grand jury can be convened, likely in May. Grand jury proceedings have temporarily been suspended for safety reasons during the pandemic. In the meantime, Triggs released Davis from jail on home arrest.

If he's caught violating the home arrest, the $200,000 bond kicks in, meaning Davis would go back to jail and need to post bond for release, Triggs ordered.

Hamilton County Prosecutor David Prem argued Davis should have remained in jail on a high bond to protect the public. He cited a criminal history that includes drug charges.

"The bond was unconstitutional... this was a low level felony," Bennett said after the hearing. "And it was in violation of Ohio criminal procedure and unconstitutional. And the judge agreed."

Bennett said he believes that bond was set partly out of fear of coronavirus.

"It was not a factor that the court should have considered," Bennett said. "They merged medicine with the law and that was inappropriate... there was paranoia and there was fear with respect to this virus that inappropriately influenced the legal procedures."

The arrest sparked a community conversation about fairness in issuing violations of the stay-at-home order. Some said Davis was clearly breaking the order, with others pointing out plenty of people are gathering to exercise, crowding stores or going to church without punishment.

A cadre of First Amendment lawyers and scholars filed a brief in the case arguing Davis was unfairly targeted because he's black. Bennett agreed, pointing that out in court as well. However, the judge did not allow the brief to be discussed at Wednesday's hearing.

As of Monday, 20 people in Hamilton County had been charged with violating the order; 14 of them black, six white. None were held in the jail or given a bond that exceeded $5,000, the court filing noted.

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Ohio Gov. Mike DeWine has ordered state residents to remain at home except for essential activities as part of the sweeping regulations meant to halt the spread of the new coronavirus. Free speech activity is one of the rules' exceptions.

Davis was accused of recording a large gathering along Race and Liberty streets in Cincinnati's historic Over-the-Rhine neighborhood early the morning of April 4, which showed people violating the stay-at-home order, smoking marijuana, drinking, dancing and gambling.

Bennett said Davis was recording what he saw in his neighborhood, which he did on Facebook Live. On the video, which was later uploaded to YouTube, Davis says, "This is how we do it in my city, man. We don't give a f*** about this coronavirus."

Police documents state Davis not only violated the order issued by the Director of Health for the State of Ohio requiring all persons to stay at home except while engaging in essential activities, he also encouraged others to violate the order.

Police referenced a YouTube video in the documents.

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