ST. LOUIS ( -- Federal charges have been dropped against a Ferguson activist that the FBI accused of inciting riots last month.

Michael Avery was arrested by the FBI after returning home from protests in Minnesota last month.

On social media, he called for "shooters" and "level red action" which law enforcement alleged to mean violent action.

[RELATED: Local activist arrested by FBI after social media posts]

Federal prosecutors said the posts incited violence in St. Louis on June 1 when officers were shot at and retired police Captain David Dorn was killed.

Avery said he was ready to fight for his innocence for crimes he said he didn’t commit.

“I honestly didn’t know what I did at the time when they came for me other than I’d been talking and running my mouth a lot,” said Avery. 

Just a few days ago he was facing up to five years in prison on federal charges of inciting a riot.

This week federal prosecutors asked for the charges to be dismissed.

“Their entire case was based on post that was made on Facebook,” said Avery's attorney, Marleen Suarez. 

Suarez said federal prosecutors had little to go on. She said investigators tried suggesting that Avery’s post lead to the violence in St. Louis on June 1.

“He used a term that is commonly used on the street to mean men,” said Suarez of the term 'shooters.'

As for 'level red action', Suarez said, “which is a signal to say don’t bring your children, be prepared to get tear gassed, and have bail money arranged in case you get arrested."

News 4 reached out to the U.S. Attorney’s office for a comment, we’re waiting to hear back.

Copyright 2020 KMOV (Meredith Corporation). All rights reserved

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