Formal charges have still not been filed against Damon Terrell, who is facing a tentative charge of felony battery to a Capitol police officer.
Dane County District Attorney Ismael Ozanne was expected to file formal charges Thursday but did not submit a complaint to the court, confirmed Dane County Court Manager Patty Bolch.
Bolch said Terrell's hearing has been postponed to Monday, Sept. 23.
Ozanne could not be immediately reached for comment.
Terrell was arrested Aug. 26 at the state Capitol during the noontime Solidarity Sing Along. The violent arrest of Terrell by Capitol police was caught on video by observers and protesters and posted online.
Capitol police tentatively charged Terrell with resisting arrest as well as battery. The tentative felony battery charge is the most serious against a protester or observer since police first began issuing citations at the sing-along in September 2012.
Capitol Police Officer James Brooks said in a probable cause affidavit and judicial determination that he injured his finger and received multiple abrasions and lacerations while trying to subdue Terrell.
Terrell did not appear before a Dane County court commissioner for a bail bond hearing until Aug. 29, three days after his arrest. Ozanne said then that he had received information from the police only the day before and that he needed more time to determine the appropriate charges.
Ozanne and the Department of Administration have refused to release to Isthmus the police report on the incident prepared by Capitol Police.
Terrell is a longtime Capitol protester. On Aug. 26, mulitple videos captured footage of him clutching a camera as he stood in the center of the Capitol Rotunda. Terrell could be heard telling officers "this isn't illegal" as they approached him. The videos show Damon backing away before officers grabbed him and threw him to the floor. After a 30-second struggle, officers carried Terrell away.
Stephanie Marquis, spokeswoman for the Department of Administration, issued a statement saying that Terrell "refused to leave and actively resisted officers" when placed under arrest.
Ozanne said in a previous interview with Isthmus that he would charge Terrell with "whatever we feel we can prove beyond a reasonable doubt if we went to trial." He also said that while there might be issues of "authenticity or chain of custody" with the videos, his office would "definitely take a look" if they had access to them.
Brian Brophy, a former Dane County district attorney and a longtime criminal defense attorney, told Isthmus he would be surprised if Ozanne issued felony charges without any further evidence from the Capitol police.
"I saw those videos," Brophy told Isthmus. "Frankly I was shocked by them. Shocked that they referred this guy up for any charge, much less battery to a police officer."