COEUR d'ALENE - The preliminary hearing for an alleged Aryan facing up to life in prison on a malicious harassment - or hate crime - charge begins next week.

Joel T. Diekhoff, 29, faces up to five years in prison for allegedly threatening Demetrius K. Lee, 39, because of Lee's race. But as a repeat felony offender, Diekhoff could classify as a persistent offender, thereby extending the maximum sentence to life in prison.

According to police reports, Diekhoff yelled racial slurs and threatened to beat up Lee, an African American, Aug. 27 as Lee walked by Diekhoff's apartment at 205 S. 19th St. on his morning walk.

After a verbal altercation, three men joined Diekhoff in Diekhoff's front yard and Lee ran to a nearby friend's house to retrieve a baseball bat. Lee returned to the scene, and another verbal altercation broke out.

Diekhoff was described as having his shirt off, revealing tattoos, including a swastika.

Diekhoff told police officers that he simply asked if Lee needed directions since Lee had passed by the house earlier that morning.

"It sounded like to me the (Diekhoff) was the instigator," one neighbor, who witnessed part of the altercation from his yard, told The Press.

The neighbor said he saw Diekhoff spend time with a former neighbor suspected of having Aryan ties, who other neighbors saw distribute Aryan nation fliers from yard to yard.

Diekhoff's family denied Diekhoff had Aryan ties in an earlier interview with The Press, and said the swastika tattoo did not represent racism.

Diekhoff pleaded guilty earlier this year to battery for punching a roommate's friend outside Diekhoff's apartment. He was sentenced to 180 days in jail, with 150 of them suspended, and ordered to pay a $500 fine and $4,617 in restitution for the victim's medical expenses.

In 2005, misdemeanor unlawful entry and malicious injury to property charges were dismissed against Diekhoff, stemming from an incident where Diekhoff allegedly kicked in the door of another person's home.

Lee was arrested for forgery in 2007 for writing around $700 in bad checks to supermarkets in Post Falls and Rathdrum. His was ordered to pay $770 in restitution but his sentence was suspended. After the second time he moved residences without notifying his parole officer, he was sent to jail for probation violation to serve a one and half year fixed term. In jail, he was cited for misdemeanor battery for punching another inmate during a dispute that started after another inmate flagellated, according to the incident report.

Another battery charge for allegedly striking a different inmate was dismissed. Lee was released from jail in July, and is on probation, 1st District Court records show.

Diekhoff's preliminary hearing is at 1:30 p.m. Friday. His status conference is at 8:30 a.m. Thursday.