(KRON) -- Prosecutors filed hate crime charges against a man who allegedly slapped a mother inside a Fremont McDonald's restaurant, threw sauce on her daughter, stole their French fries, and told the victims, "you Indians need to go back to your country."
Marcus Harper, 22, of Union City, is accused of targeting an Asian Indian woman and her 9-year-old daughter while the victims were sitting in a booth eating at the fast-food restaurant.
Fremont Police Department officers described the assault at McDonald's on Fremont Boulevard as completely unprovoked.
Alameda County District Attorney Ursula Jones Dickson said, "This act of hate based upon the perceived national origin of these victims is completely unacceptable. Such behavior will not be tolerated, and those who commit hate crimes will be prosecuted to the fullest extent of the law."
(Photo by David Paul Morris/ Bloomberg via Getty Images)The incident happened on the afternoon of April 5. The girl was eating with her mother and father when Harper approached the family, grabbed a handful of French fries from their food tray, and ate the fries, a Fremont police officer wrote in court documents.
Harper walked away. Seconds later, he returned, made racist comments, and slapped the 36-year-old mother across her face while he was standing behind her, police said.
"Harper then threw an open packet of sauce at (the girl), staining her sweater. It is believed based on Harper's unprovoked attack and statement, 'You Indians need to go back to your own country,' that this attack was motivated by hate based on the perceived characteristics of the victims' race or ethnicity," the FPD officer wrote.
The girl's father called 911 and Harper left the McDonald's. When officers arrived, they found surveillance videos showing what happened inside the restaurant, as well as Harper's 2003 Honda Accord outside. Police identified Harper as a suspect after viewing his 2024 mugshot and connecting him to the Honda.
On Tuesday, a police officer found Harper driving the Honda in Newark and arrested him.
During a police interrogation, Harper told officers that the father gave him a "weird feeling" while they were inside McDonald's.
"Harper did not deny his actions after being shown still images taken from surveillance footage, but said he 'blacked out.' He said he believed the (woman's) husband wanted him to slap her," an FPD officer wrote.
Alameda County prosecutors filed hate crime and battery charges against the suspect. If convicted, Harper could face up to a year in jail. He is scheduled to be arraigned at the East County Hall of Justice in Dublin Thursday.
Santa Rita Jail inmate records show Harper currently remains in custody in lieu of $110,000 bail.
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