HUNTSVILLE, Ala. (WAFF) - A Huntsville man is facing a new charge for an incident he was arrested for nearly a year ago.
Wednesday, Huntsville Police arrested Shane Sealy for possession of a firearm at demonstration.
Officers originally arrested him at an immigration rally in June 2018, when he appeared to threaten those in attendance with a gun.
The rally, organized in part by The Alabama Coalition for Immigrant Justice, protested federal policy of separating families at the southern border.
Videos of the incident show Sealy heckling the rally, and ultimately pulling a gun after bumping into a rallier.
In November, Sealy was convicted of menacing and reckless endangerment. A judge sentenced him to 180 days in jail, with 100 suspended, a year of probation and prohibited him from carrying a firearm.
Sealy successfully appealed, but case was left open to a retrial.
However, the Huntsville City Attorney’s Office decided to drop the charges for lack of evidence.
City Attorney Trey Riley declined to comment, citing the on going case.
In response, rally organizers Yalitza LaFontaine and Ava Caldwell said they began communicating with the city attorney’s office, the city magistrate and Huntsville Police about how to move forward on the case.
“We assumed he was going to appeal as most people would, but we didn’t think there were going to be an issues with that, until there were," Caldwell said.
Caldwell and LaFontaine said they determined from those conversations that pursuing a lesser charge of “possession of a firearm at demonstration” would most likely result in a conviction.
Shane Sealy’s defense attorney, Joshua Graff, has not yet returned a request for comment.