A Libby man is accused of attacking a person with pepper spray last month following an incident at a local store.

Brandon Warring Ludwick, 51, is accused of assault with a weapon and disorderly conduct charges.

Ludwick is scheduled to be arraigned on the charges on Jan. 27. Ludwick posted $50,000 bail on Jan. 2.

Charging documents indicate Ludwick was having a problem with the cashier being transgender.

In the motion charging the offense, Libby Police Officer Donald Luthey was on patrol at about 4:36 p.m. Dec. 23 when he heard county Sgt. James Derryberry get dispatched to a store on U.S. 2 for a disturbance. Luthey and fellow city officer Caleb Thomas responded to the scene and saw Ludwick and another man standing in the front parking lot. Luthey said both men appeared to be in a verbal confrontation.

After officers separated the men, Luthey spoke to two witnesses, one a customer and the other an assistant store manager.

The customer was in the check-out line when she saw Ludwick had an attitude, threw things around and made comments about the cashier taking too long. She said when Ludwick reached the cashier, his belligerence continued. The accused said he did not know what ‘it is,” referring to him as an “It.”

The cashier then left to get the assistant manager. Luthey asked the witness how the other man got involved with Ludwick. She said the alleged victim and the other man are related.

The other man confronted Ludwick, saying he needed to stop and be careful choosing his next words.

Luthey also spoke to the assistant manager who spoke to the defendant about his problem with her cashier. She said Ludwick replied he didn’t have a (profanity) problem with the cashier, “he, she, it or whatever.” The manager told Ludwick to leave. He said he wanted to buy his (profanity) and leave.

The manager refused to complete the purchase and told Ludwick to leave. She said Ludwick continued making comments about the cashier as he left. The alleged victim’s nephew followed Ludwick out of the store while yelling at him.

Ludwick allegedly pulled out a can of pepper spray while the second alleged victim backed away and told him not to spray him.

The witness said Ludwick sprayed the man in the face.

While Luthey spoke to Derryberry, a man approached them. He told the officers he was in a nearby gas station before going to the store. He said Ludwick intentionally “shoulder checked” him as they walked past each other. He said he believed Ludwick was, “looking for a fight.”

The officers then approached Ludwick, who was standing in the lot with officer Thomas. Luthey said Ludwick was filming them with his cell phone.

When the officers handcuffed Ludwick, they reported he was verbally aggressive and threatened to sue them. He also allegedly said the officers needed to hit him and punch him in the face.

Luthey also wrote in his report that Ludwick made several negative comments about the cashier and his nephew being Mexican.

Court records indicate Ludwick was charged with third degree assault in 2015 in Denver.