Video evidence clears activist of felony charge

FERGUSON, Mo. - The case was based on last year’s protests in Ferguson–-during the 10th anniversary of Michael Brown’s death.

A well-known activist was charged with damaging a fence outside the police department. The attorney for the man accused said the original prosecutors used video that proved his client’s innocence.

The video was from August 2024, showing protestors shaking a fence–-including the man now cleared of a felony property damage charge-–Keith Rose.

Rose’s attorney Javad Khazaeli said back then that the video should have convinced prosecutors not to charge Rose.

"At the time the fence was broken the video shows clearly he had nothing to do with it," Khazaeli told FOX 2 in 2024.

The fence shaking video he says was from the day before the damage. Khazaeli called it a "distraction" from the assault of officer Travis TJ Brown.

Officer Brown was brain injured during the protests while encountering another man, who remains charged with assault.

"This terrible thing that happened should not be about Keith Rose. This should be about the officer who was injured," Khazaeli said back in 2024.

Rose’s original charge came under a previous administration. Current St. Louis County Prosecutor Melissa Price Smith, who’s office just dropped the charge, released a statement to FOX 2.

”We concluded that this defendant was not one of the individuals responsible for the property damage,” Smith's Office wrote.

Khazaeli blames Smith’s predecessor writing to FOX 2 that, “Wesley Bell over charged him and others with felonies for having the nerve to protest Mr. Bell. Once new career prosecutors were assigned to the case, they saw that the video used to prosecute Keith wasn’t even from the correct day.”

Bell now serves as a Congressman. His spokesperson responded to FOX 2, saying "Criminal prosecutions are always based on the evidence in coordination with law enforcement's investigations. As that evidence changes, evolves or new information is presented, respective charging decisions will often change as well.”

Rose is a member of the St. Louis Police Civilian Oversight Board. During the ongoing case, he has said he would wait to review police misconduct cases until this was resolved, as it has been now.