Fact-check: Does a Montana man face a felony for telling an Indian to 'go back to his country'?

Earlier this week, a story out of Helena, Montana, gained national attention for its sensational headline: "Helena man charged with felony for shouting at man to ‘go back to his country.’"

Many assumed that the headlines were exaggerating the case, or that there was at least more to the story.

The felony charge comes with a maximum punishment of five years in prison, a fine of up to $5,000, or both.

Blaze News obtained the court documents for the case, and the truth is almost as surprising as the headlines.

According to news reports, a man identified as Jaxton Collins was charged with a felony for allegedly shouting at an Indian man to "go back to his country."

According to the documents, that detail is apparently not an exaggeration.

Helena police officers responded to a report of assault on the evening of August 7 at the walking mall in Lewis and Clark County, the affidavit said.

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The complainant claimed that he and his friends, at least one of whom was Indian and wearing a head covering, were walking around the mall when a male "in an orange shirt wearing a large cross necklace" approached them.

The suspect approached the Indian man, "shoved him with both hands," and "told him to go back to his country," the affidavit said.

Police soon after identified and questioned the suspect, who told them that he had been drinking at Gold Bar. He admitted to shouting the phrase "because he was angry" but denied shoving the Indian man at any time, the affidavit said.

The defendant, Jaxton Collins, faces two charges: a felony malicious intimidation charge and a misdemeanor assault charge.

Under Montana law, a person is guilty of malicious intimidation or harassment relating to civil or human rights when the person, "because of another person's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities, the person purposely or knowingly, with the intent to terrify, intimidate, threaten, harass, annoy, or offend," either causes bodily harm, the apprehension of bodily harm, or the damage of property.

The felony charge comes with a maximum punishment of five years in prison, a fine of up to $5,000, or both.

Blaze News contacted the Lewis and Clark County attorney's office for comment relating to the charges but did not immediately receive a response.

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