A 21-year-old in Helena now faces a felony hate-crime charge after allegedly shoving a man and telling him to “go back to his country.”
Story Snapshot
- Montana charged a 21-year-old with felony malicious intimidation tied to national origin and a separate misdemeanor assault count.
- Court records say the defendant admitted yelling “go back to your country” and said he was angry.
- Witnesses described the encounter as frightening and an attack, supporting the intimidation claim.
- Montana law punishes bias-motivated conduct when it causes injury, fear of injury, or property damage.
Charges Filed Under Montana’s Bias-Motivated Conduct Law
Lewis and Clark County prosecutors charged Joshua Collins, age 21, with one felony count of malicious intimidation or harassment relating to civil or human rights and one misdemeanor assault count. The case stems from an August 7 incident on Helena’s Walking Mall. Prosecutors say Collins approached a man of Indian descent, shoved him with both hands, and told him to go back to his country. A judge arraigned Collins, and pleas of not guilty were entered on his behalf, starting the court process.
Montana’s statute targets conduct done because of another person’s race, creed, religion, color, national origin, or civil-rights activity. The law requires more than ugly words. It requires harm or credible fear. The offense applies when bias-motivated actions cause bodily injury, cause reasonable fear of bodily injury, or damage property. A conviction can bring a felony penalty if those elements are proven in court beyond a reasonable doubt.
What Investigators Say Happened on the Walking Mall
The affidavit, as described by local reporting, says Collins yelled at the alleged victim to “go back to his country.” Investigators state that Collins admitted telling officers he had been drinking at a downtown bar and that he shouted the remark because he was angry. Collins reportedly denied the shove, which prosecutors must prove through witness statements, video, or other evidence. Witnesses told police they were frightened and saw the event as an attack, backing the fear element.
The charging decision suggests officers and prosecutors believe the words and alleged shove together meet the statute. The misdemeanor assault count covers the reported shove alone. The felony count rests on whether the shove and the national-origin remark show purposeful or knowing conduct tied to bias that caused injury or reasonable fear. The arraignment moves the case forward. A docket from the county shows regular hearings are scheduled in similar criminal matters.
How Montana and Courts Treat Speech, Threats, and Conduct
Montana’s law is part of a wider pattern in which states punish conduct driven by bias, not beliefs in the abstract. Courts, including the United States Supreme Court, have long held that true threats and intimidation fall outside First Amendment protection. Recent rulings explain that the state must show a mental state above mere negligence to punish threats. The key test asks whether the words and actions amount to intimidation or create reasonable fear in the target.
For many readers, the charge touches a raw nerve about free speech, public order, and equal treatment. Conservatives often worry that speech itself is being criminalized. Liberals often stress the harm caused when slurs pair with force. Montana’s framework tries to draw a bright line: ugly ideas are not crimes, but bias-driven acts that cause injury or fear can be. This case will turn on facts a jury can weigh, not on slogans from either side.
Why This Case Resonates Beyond Helena
People across the political spectrum see a system that rarely delivers fairness. They see rules applied unevenly and leaders who protect themselves first. This prosecution will be judged by whether the state proves conduct, intent, and harm as the law requires. Clear evidence, transparent process, and even-handed punishment build trust. Rushed claims, missing records, or spin do not. The next filings, hearings, and any recordings will matter more than headlines.
Sources:
thegatewaypundit.com, helenair.com, lccountymt.gov
