As part of the plea agreement outlined Tuesday, Kilbourne made the provisional guilty plea to a charge of disorderly conduct, amended from interfering with civil rights. The assault charge was dismissed.
Visiting Judge Thomas Hanna, appointed by the Ohio Supreme Court to handle the case, said Kilbourne would enter a diversion program. Hanna is a retired Kettering Municipal Court judge.
The program requires Kilbourne to complete an anger management program and counseling and not violate the law for the next six months. Hanna said he defined violating the law as being convicted, not just charged with an offense.
Kilbourne already has completed the anger management requirement, his lawyer William Stewart Mathews II said. If Kilbourne completes the second requirement of not violating the law, the disorderly conduct charge will be dismissed if he pays court costs, Hanna said.
Kilbourne answered questions from the judge but made no other comments during the hearing. Special prosecutor James Miller of Dayton chose not to comment after the hearing.