A 21-year-old Montana man is facing a felony charge after he allegedly shoved a man of Indian descent and told him to “go back to his country,” according to court documents. The allegation has turned an ugly confrontation into a case carrying a possible five-year prison sentence.
Jaxton Tayte Collins, 21, was arraigned Tuesday in Lewis and Clark County District Court over an Aug. 7 incident, according to the Billings Gazette. He faces one misdemeanor count of assault, along with a felony charge of malicious intimidation or harassment of civil or human rights.
That felony charge is based on Montana’s statute covering conduct motivated by another person’s race, creed, religion, color, national origin, or involvement in civil rights or human rights activities. The law applies when a person purposely or knowingly acts with the intent to terrify, intimidate, threaten, harass, annoy, or offend, and causes bodily injury, creates a reasonable fear of bodily injury, or damages property.
According to the affidavit, the complainant was walking with friends when a man wearing an orange shirt and a large cross necklace approached his friend. The friend is described as being of Indian descent and wearing a head covering. Collins allegedly shoved him with both hands and “told him to go back to his country.” Witnesses told officers the incident was “frightening” and described it as an “attack.”
When additional officers arrived, they found Collins nearby. The affidavit says he told officers he had been drinking at a downtown bar. He allegedly admitted that, after leaving the bar, he shouted at the victim “to go back to his own country because he was angry.” Collins denied shoving the man.
The alleged words are plainly offensive, but criminal court is not supposed to operate on outrage alone. The state still has to prove the specific elements of the felony charge, including the alleged intent and the connection between the conduct and the victim’s national origin. That distinction matters, especially when a heated insult can potentially lead to years behind bars.
In other words, the case is not simply about whether the alleged comment was rude. It is about whether prosecutors can prove that the words and alleged physical contact meet Montana’s legal definition of malicious intimidation or harassment. That is a much higher standard than deciding who behaved badly during an argument.
Collins’ next hearing is scheduled for April 8. If convicted, he faces up to five years in prison and a $5,000 fine. For now, he has been charged, not convicted, and the allegations remain matters for the court to resolve.
