A Lewiston man who allegedly participated in a fight outside of a Lewiston bar earlier this month that left two Native American men unconscious pleaded innocent Tuesday to a felony charge of aggravated battery.
Drew L. Magallon, 26, faces up to 15 years in prison and a $50,000 fine if convicted. Nez Perce County Magistrate Judge Gregory Kalbfleisch set bond at $5,000 after denying a request for $25,000 from the county prosecutor’s office.
According to court documents, Magallon allegedly tackled one of the Native American men who was wielding a wrench during the altercation, gained control of the wrench and used it to hit the man repeatedly. The man suffered a skull fracture and bleeding between the brain and tissue covering the brain, according to a police report. Kalbfleisch also ordered that Magallon have no contact with the alleged victim.
The fight allegedly began when Magallon and Hunter E. Jones, 22, left Boomtown Saloon on the 500 block of Main Street in Lewiston on July 11 at the same time as two Native American men and their companions. According to court documents, Jones allegedly instigated the fight when he yelled racist slurs at the other group. Jones has been charged with two counts of felony malicious harassment in addition to two counts of felony aggravated battery.
Malicious harassment is Idaho’s version of a hate crime charge. Magallon and Jones are both white. Kalbfleisch set a preliminary hearing for July 28.