The King County Prosecutor's Office today filed malicious harassment charges against two men who are accused of attacking an African American youth in Ballard on April 28. The defendants are white and witnesses heard a racial slur used during the attack.

Defendants Cory Stewart and Colin Kelly, both 19, are each charged with one count of malicious harassment. The 14-year-old boy was taken to a hospital and treated for minor injuries he received during the attack.

"This was an unprovoked attack on a 14-year-old," said King County Prosecutor Norm Maleng. "Our malicious harassment law is designed for this type of incident and hate crimes will not be tolerated in our community," he added.

A third suspect who was present during the incident has not been charged but there is ongoing investigation into his conduct.

The victim was walking home from his middle school with a fellow eighth grader, a 14-year-old male, and four female classmates. Stewart is accused of making lewd comments about the girls. Prosecutors allege that Stewart then taunted the victim and used a racial slur before both defendants attacked him.

Defendant Kelly is also charged with one count of assault in the fourth degree for hitting the male classmate who came to the aid of his friend who was being attacked.

If convicted as charged, the defendants could face a sentence of three to nine months in jail. Malicious harassment is a class "C" felony that carries a maximum sentence of up to five years in prison.

Stewart and Kelly are currently out of custody pending arraignment on May 16 at the King County Courthouse. Bail has been set at $10,000 for each defendant.

Dated: May 22, 2006