Federal judge will allow testimony of cross burnings in hate crime trial of Dubuque man

CEDAR RAPIDS — A federal judge ruled Monday that prosecutors could use evidence during a Dubuque man's hate crime trial that he participated in burning crosses in the 1980s and 90s.

Randy Metcalf, 40, charged with committing a hate crime by causing bodily injury to a person based on race, asked the court to exclude evidence associating him with individuals who burned crosses in the late 1980s and early 1990s. He argued the prosecutors can't admit prior acts or offenses.

Prosecutors in their motion argued prior acts are allowed if they are 'intrinsic' — meaning that they are connected to or somehow explain the circumstances of the charged crime. Prosecutors don't intend to put on evidence that Metcalf actually participated in cross burnings, only his statements he made on Jan. 12, 2015 at the Northside Bar in Dubuque.

Witnesses heard Metcalf 'bragging' that he burned crosses at the bar before he stomped and kicked an African-American man and used racial slurs against him and his white friend that night, according to the ruling.

U.S. District Chief Judge Linda Reade granted the defense's motion that evidence of Metcalf participating in cross burnings in the past won't be allowed but the prosecution can use Metcalf's statements about the cross burnings. The statements imply Metcalf 'harbored racist attitudes' and given they were made shortly before the assault, they seem to prove Metcalf assaulted the man based on his race, the ruling states.

Reade noted that the statements were intrinsic to an 'essential' element of the offense – whether Metcalf assaulted him because of race.

Court documents previously filed states Metcalf assaulted a man identified as 'L.S.' in the bar on Jan. 12, 2015. He stomped and kicked his head after making 'racially disparaging comments and racial slurs' to L.S. and his female friend 'S.K.'

The assault was captured on eight video surveillance cameras operating inside and outside on the patio at the bar, documents show. There were also were several witnesses' accounts of both the assaults and the verbal arguments.

Another person with Metcalf started the assault by putting L.S. in a headlock and a third person punched him in the face, leaving him motionless on the floor, the documents state. Then, while L.S. was on the floor, Metcalf went over and kicked and stomped his face and head until another person pulled him away.

The video then shows Metcalf and others leaving the bar but Metcalf walked back in to get his jacket and he again kicked and stomped L.S., who was still on the floor from the first attack. At this point, a woman, S.K., pushed Metcalf back and Metcalf gave a back-hand punch to the woman, knocking her to the floor.

Medical reports showed L.S. had a broken right side orbital bone, and S.K. had a fracture to her right cheek bone.

Authorities in court documents said Metcalf had several tattoos on his body, including a large swastika tattoo on his abdomen and another tattoo of a skull with a swastika on its forehead. Metcalf also had a gang affiliation, with known white supremacist ties, tattooed on his chest area.

Metcalf's trial starts Monday in U.S. District Court. The trial is expected to last three days. If convicted, he faces up to 10 years in federal prison and a $250,000 fine.