Man charged with hate crime after incident at Fremont restaurant

FREMONT, Calif. - A man is facing hate crime and battery charges in Fremont after he was accused of assaulting an Indian woman and her children at a fast food restaurant earlier this month.

Marcus Harper, 22, of Union City was charged with a hate crime and misdemeanor battery after he was accused of assaulting a woman and her children while they were eating at McDonald's on April 5, the Alameda County District Attorney's Office said.

The backstory:

Fremont police said the incident occurred around 2:15 p.m. at the McDonald's at Fremont Boulevard and Mowry Avenue. Harper is accused of approaching an Indian woman with her two children, taking their food from them, and eating it in front of them.

Harper then walked away from the family before returning and slapping the woman's face from behind and yelling, "You Indians need to go back to your country," police said.

Harper yelled at the victims, threw a packet of dipping sauce at one of the children, a 9-year-old girl, and then left, police said.

Fremont police investigated the case as a hate crime and obtained a warrant for his arrest.

On Tuesday, officers found Harper alone in his car on Marshlands Road near Thornton Avenue and took him into custody.

What they're saying:

"This act of hate based upon the perceived national origin of these victims is completely unacceptable," Alameda County DA Jones Dickson said. "The message needs to be clear that such behavior will not be tolerated, and those who commit hate crimes will be prosecuted to the fullest extent of the law."

Harper faces a battery charge, along with a civil rights violation and a special allegation of a hate crime.

Jail records show Harper remains in custody at the Santa Rita Jail, and an arraignment is scheduled for Thursday.

Police said the victims did not suffer any physical injuries.

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