DRAPER, Utah (ABC4 Utah) - Mike Waldvogel's seven year old son wondered why someone was yelling the "N" word at him.
After confronting Mark Porter, Waldovel soon learned it wasn't just his son being targeted.
The confrontation with Porter happened last November. It lead to state charges but the case was dismissed. Ten days ago, the U.S. attorney resurrected the incident by indicting Porter with a hate crime.
For the first time, Waldvogel spoke publicly about that day in November.
"The neighbor was calling him racist names, pretty specific racist names," Waldvogel. "My son is African American. I'm mixed race."
Porter lived in the same apartment complex as the Waldvogels.
"When it happened he (son) kept coming inside and said 'dad there's a man and he's yelling at me,'" recalled Waldvogel.
He said he went outside to learn why his son was being yelled at. He claimed Porter kept repeating the N word.
"To hear someone shouting as loud as they could at some little kid, I was shocked," said Waldvogel.
According to state charging documents Waldvogel claimed he heard Porter shout "get out of here N-----."
In the document it states Waldvogel told Porter "not to yell at his son."
Then "Porter reached over the railing and hit Waldvogel's neck with a stun cane," according to the charges.
Waldvogal said he was being tasered in the neck.
"I just remember hearing the taser as it was sparking as it came over and hit my neck and it dropped me," he said. "It took me down and I was super wobbly and all I could really focus on was my son as he was screaming."
According to a Draper police report, Porter resisted arrest and "threatened to defecate while in the back of the patrol car, which he did."
Even after nearly a year, Waldvogal said his son struggles with what happened that day.
"Even now when he sees someone that kind of resembles that man, he still is very cautious," said Waldvogal. "So it stuck with him for sure."
Waldoval said he was appreciative the way Draper police treated his son. He said the not only protected him but comforted him during and after the incident.
The state dismissed the assault charges in favor of the federal government taking over. Punishment for a hate crimes in the federal system is much harsher than state charges.
Porter remains in an Arizona jail and will be transported to Utah to face federal charges.
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