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Alleged racial taunts lead to confrontation

Tom Hasslinger | Hagadone News Network | UPDATED 13 years, 1 month AGO
by Tom Hasslinger
| September 30, 2011 9:00 PM

COEUR d'ALENE - A 24-year-old man was cited for misdemeanor battery Saturday, stemming from a fight the alleged victim told police started from racial taunts.

Adam T. Burrington, who was cited for the incident that took place in the front yard of a house in the 1100 block of 15th Street, denied racial insults were ever used, and said that he, not the alleged victim, was the one attacked.

"The biggest thing is he came running from the other side of the street, came running over to us on our property with his hands cocked back like he was ready to start punching," Burrington said. "And now it's something I have to pay for to make sure I don't get into trouble."

The alleged victim, Davin J. Blackwell, 24, told police he ran across the street to confront a group of four males in a yard after they taunted him with derogatory terms.

When he reached the other side of the street near Elm Avenue around 7 p.m., he was struck in the face and then struck five or six more times after he fell to the ground, according to police reports.

As Blackwell, described as an African American in the reports, left, one of the men reportedly said that if he returned, they'd "lynch him in a tree."

Blackwell later called police, who observed that he had a swollen right eye, a small cut on his eyebrow and on his hand, and bruises on his back.

Burrington said he was acting as peacemaker. He said Blackwell yelled at the men first. When they asked what he had yelled, Blackwell came running at them, Burrington said.

Burrington said he pulled Blackwell aside and told him to leave, since he was outnumbered four to one.

"I was trying to calm him down," Burrington said.

He said Blackwell then punched him.

The two fell to the ground and exchanged punches. Blackwell then got up, said he was done, and left, Burrington said.

Blackwell declined an interview.

Burrington said he was shocked he was ticketed for defending himself, and is getting a lawyer to defend it.

Misdemeanor battery is punishable by up to a $1,000 fine or six months in jail.

In an unrelated incident on Aug. 27, Joel T. Diekhoff faces up to life in prison on malicious harassment - or hate crime - charges from a reported racially motivated threat.

In that case, no punches were thrown, but Diekhoff, a repeat felony offender, was arrested after reportedly threatening Demetrius K. Lee, who is African American, because of Lee's race.

That case has more witnesses who are not related to it, according to police reports, than the case of Burrington's, which didn't have any unrelated eyewitnesses on the reports.

Police Sgt. Christie Wood said that the arresting officer determined the citation was appropriate given the evidence and that each case is evaluated differently. She said separate cases should not be compared, but if Coeur d'Alene's criminal attorney's office determines different charges are warranted, the police would be willing to re-evaluate the situation.

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