The first Moab resident charged with a hate crime asked the judge to throw out the case against him Wednesday.
Jaric Robison, 21, told 7th District Court judge Lyle R. Anderson that he should dismiss the case because a video camera at the convenience store where the incident allegedly occurred proved he was he didn't commit the crime. The tapes, however, are recorded over every seven days, and he was charged eight days after the alleged assault.
Anderson denied Robison's request for dismissal but granted him a two-week extension so he could hire a lawyer.
On New Year's Eve Robison allegedly ripped a car door out of Philip Colvin's hand while the two argued at the store. Colvin and his wife, Rebecca Goodmundson, who is of black and American Indian heritage, say Robison and Brian D. Ballard, 21, have continually harassed them because they are an interracial couple.
Moab police reported that Ballard told them that he and Robison are white supremacists and officers decided that the altercation was meant to "intimidate and terrorize Philip and Rebecca."
"We are extremely nervous," Goodmundson said. "We never leave the house. It's like we're being held hostage."
Robison's original crime, assault, a class A misdemeanor, was upgraded to aggravated assault, a third-degree felony under Utah's hate crime statute (76-3-203.3).
In a related event, Ballard was booked into to Grand County Jail for failing to pay a $500 peace bond. He was later released when he paid the bond, Grand County Sheriff James Nyland said.
Goodmundson's attorney, Natasha Hawley, took out the peace bond and a temporary restraining order against both Robison and Ballard Jan. 14. Robison was able to put up the $500 bond but Ballard had neglected it, Hawley said.
Ballard and Robison are scheduled to appear in civil court Jan. 26 to determine if the peace bond and restraining orders will be extended or dissolved.
Ballard and Robison are also being investigated for alleged civil rights violations that could lead to federal charges, FBI special agent Bill Matthews said.