US man charged with felony for telling Indian-descent man to 'go back'
Synopsis
Key Takeaways
A 21-year-old man in Helena, Montana, has been charged with a felony after allegedly shoving a man of Indian descent and telling him to 'go back to his country', according to court documents cited by local media. The incident adds to a growing pattern of reported hate-motivated incidents targeting South Asian communities across the United States.
The Arraignment and Charges
Jaxton Tayte Collins appeared for arraignment on 27 October at the Lewis and Clark County District Court in Helena. He faces a charge of malicious intimidation or harassment under Montana law, a felony offence that carries a prison term of up to 5 years and a fine of up to $5,000, or both, under Section 45-5-221 of the Montana Code Annotated.
What Allegedly Happened
According to the affidavit, the complainant told officers he was walking with friends in downtown Helena when a man in an orange shirt and wearing a large cross necklace approached his friend, who is described as being of Indian descent and wearing a head covering. The man, later identified as Collins, allegedly shoved the friend with both hands and told him to 'go back to his country', according to court documents. Witnesses described the incident as 'frightening' and characterised it as an 'attack'.
Collins's Own Account to Police
When officers located Collins nearby, he told them he had been drinking at a downtown Helena bar before the encounter. He admitted he had shouted at the victim to 'go back to his own country because he was angry', according to the affidavit. Collins, however, denied the physical shove alleged by the complainant and witnesses.
The Legal Standard Under Montana Law
Under Montana law, malicious intimidation or harassment is committed when a person, motivated by another's race, creed, religion, colour, national origin, or involvement in civil or human rights activities, purposely or knowingly acts with intent to terrify, intimidate, threaten, harass, annoy, or offend — and in doing so causes bodily injury, causes reasonable apprehension of bodily injury, or damages property. The statute is among the more explicit hate-crime frameworks in the Mountain West region.
Broader Pattern of Concern
The case comes amid a series of reported incidents targeting people of Indian and South Asian origin in the United States this year, which community groups have linked to rising anti-immigrant rhetoric. Montana has a comparatively small Indian American population, making the prosecution notable for its rarity in the state. Advocacy organisations tracking bias incidents have noted that hate-crime prosecutions at the felony level remain uncommon even when incidents are reported, lending this case added significance for affected communities.