King County prosecutors on Tuesday charged Cory R. Stewart of Seattle and Colin J. Kelly of Bothell with malicious harassment, the state's felony charge for a hate crime. A third man who was allegedly involved in the incident has not been charged, but police are investigating his role, according to prosecutors' spokesman Dan Donohoe.

The malicious-harassment charges are the first to be filed in the county this year.

On April 28, the 14-year-old was walking home from his Ballard middle school with five friends — four girls and a boy, according to charging papers. As the group of eighth-graders was walking in the 9000 block of Mary Avenue Northwest, they passed by three white men who were standing near a car, drinking alcohol, the papers say.

Stewart allegedly invited the girls to participate in sex acts that might be videotaped, charging papers say. According to prosecutors, the girls ignored Stewart and kept walking.

Hearing the lewd comments directed at his friends, prosecutors said, the teen asked Stewart to leave the girls alone. Stewart allegedly used a racial slur and followed the teen as he walked away, charging papers say.

Stewart is then accused of attacking the youth, punching him in the head and face, the papers say. Kelly allegedly joined in the assault and all three — Stewart, Kelly and the victim — fell to the ground, where witnesses said Stewart and Kelly continued to beat and kick the youth, charging papers say.

The teen's male friend tried to come to his aid and was punched in the face by Kelly, the papers say. Kelly also was charged Tuesday with fourth-degree assault, a gross misdemeanor, for hitting the friend.

Investigators say Stewart and Kelly "maliciously and intentionally" assaulted the youth "because of their perception ... of his race," charging papers say.

Stewart and Kelly are both out of custody but are to be booked into the King County Jail on $10,000 bail when they are arraigned May 16, Donohoe said.

"This was an unprovoked attack on a 14-year-old," King County Prosecutor Norm Maleng said in a news release. "Our malicious-harassment law is designed for this type of incident, and hate crimes will not be tolerated in our community."

Mike Hogan, the King County deputy prosecutor who reviews all cases referred to his office involving suspected hate crimes, said the malicious-harassment charges against Stewart and Kelly are the first to be filed this year. Hogan filed malicious-harassment charges in five cases in 2005, and five in 2004. There were 11 cases filed in 2002, 11 in 2003 and seven in 2001, he said.

According to state law, malicious harassment is an attack motivated by a perception of someone's race, color, religion, ancestry, national origin, sexual orientation, gender, or disability and results in physical injury, property damage or threats that would place a reasonable person in fear of harm.

Malicious harassment is a Class C felony and carries a maximum sentence of five years in prison.

Sara Jean Green: 206-515-5654 or sgreen@seattletimes.com

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