Misdemeanor charges against a man accused of ethnic intimidation and menacing have been filed after felony ethnic intimidation charges were dismissed.

Michael D. Jirousek, 32, of Solon, was charged on Wednesday with of two counts of ethnic intimidation, a third-degree misdemeanor, and two counts of menacing, a fourth-degree misdemeanor.

He was charged Oct. 27 with fifth-degree felony charges of ethnic intimidation. The case was dismissed on Nov. 26 without prejudice, which means the case can be refiled.

Portage County prosecutor Victor V. Vigluicci said in an email that the office decided not all the elements of the felony ethnic intimidation charge were present, so the charge was dismissed and refiled as a misdemeanor case.

Jirousek allegedly began swearing at a Twinsburg couple at El Camino Mexican Restaurant, 395 N. Aurora Road, in Aurora on July 26 around 5:30 p.m., according to an Aurora Police report.

The couple told police that Jirousek was swearing at them and threatening them, including using the n-word to describe the woman. He was also charged with misdemeanor counts of disorderly conduct and falsification on July 30 after he allegedly provided a fake name and birthday to officers.

This is the third time charges have been filed against Jirousek. After officers interviewed the couple, police filed two counts each of first-degree misdemeanor aggravated menacing and fifth-degree felony ethnic intimidation against him Aug. 3. The ethnic intimidation charges were dismissed after Jirousek’s attorney notified the court in October that Jirousek was incarcerated at Grafton Correctional Institution following the July incident.

Jirousek had been on post custodial supervision at the time the charges in July were filed. He had been released after being sentenced to 1 year, 5 months following his 2014 Geauga County conviction on fifth-degree felony felony importuning and fourth-degree felony unlawful sexual conduct with a minor charges.

He was released from prison on Oct. 27, according to the Ohio Department of Rehabilitation and Corrections.

Contact reporter Eileen McClory at emcclory@recordpub.com or @Eileen_McClory.