COEUR d'ALENE - The alleged victim in a Coeur d'Alene hate-crime case showed up and testified at a preliminary hearing Thursday.

Thirty-nine-year-old Demetrius K. Lee, who is black, was the only witness to take the stand, doing so a dozen feet from the man he accused of hurling racial slurs and threatening to beat him up a month earlier.

The hearing was scheduled for last week, but Lee ignored a subpoena and didn't show up, telling prosecutors he had received threats.

Lee told the court he was headed to Sanders Beach on Aug. 27, walking at 19th Street and East Mullan Avenue when Joel T. Diekhoff, 29, who is white, yelled out to Lee across the street.

Lee said Diekhoff asked if he was lost, using a racial slur in the process.

Lee said he yelled back at Diekhoff, who was standing with a baby girl.

"I told him I could walk wherever I wanted to," Lee said.

Then Diekhoff went into his residence and came back outside with two other men, Lee said. Lee took off for a couple minutes, went to a nearby friend's house, and returned with a baseball bat.

"I came back, ran my mouth, (and) exchanged words with him," Lee told the judge. "I was pissed off."

Lee told the court he saw a swastika tattoo on Diekhoff, who had his shirt off.

"I know what it symbolizes for people like him," Lee testified.

No blows were exchanged in the incident and Lee called police.

Magistrate Scott Wayman said he heard enough from Lee to believe probable cause exists and moved Diekhoff's case up to 1st District Court in Kootenai County on a charge of felony malicious harassment.

Diekhoff was released from jail last week, after being in custody since the incident.

Before the judge's decision, defense lawyer Gary Amendola, of Coeur d'Alene, questioned Lee about comments Lee made the day after the incident on his Facebook profile.

Lee wrote: "I had a verbal altercation with a hillbilly who's uncle is probably his dad, because he felt the need to disrespect me while I was taking my early morning jog .. I almost beat his ass but he was holding his daughter as he was running his mouth(coward)..[sic]"

Lee also wrote that his friend drove by the scene after police had been called and saw an emotional Diekhoff.

"Mr big bad nazi who was just runnin his mouth, now on the curb crying??," Lee wrote.

While Diekhoff was jailed, Lee wrote, "I hope his punk ass drop the soap in front of the wrong person!!."

Lee told Amendola and the judge he made the comments in response to material he saw online supporting Diekhoff's alleged actions.

Lee said he remains very angry about the incident.

Amendola responded, "Well, if it happened, you should be."

After the hearing, Amendola said he wasn't surprised by the judge's decision.

"There was only one side of the story told today," he said. "The other side will be for another day."

Amendola said the case comes down to a "he said, he said," and his client denies all the allegations.