Shelby man receives jail term in ethnic intimidation case.
#OceanaCountyCrime
By Allison Scarbrough, Editor.
SHELBY — A 69-year-old Shelby man was sentenced to 10 days in jail in 27th Circuit Court Monday, Jan. 25, for a misdemeanor conviction of assault and battery.
James Richard Sizemore, of 2293 W. Woodrow Rd., originally faced a felony count of ethnic intimidation and a misdemeanor of false impersonation of a police officer following an incident last June.
The original charges were dismissed when Sizemore pleaded “no contest” last September to an added misdemeanor count of assault and battery.
It was alleged that Sizemore yelled, “F—— Mexicans!” at a Shelby business owner and his grandfather, said former interim Shelby Police Chief Robert Farber. The incident occurred at an auto business, Cisneros II, which had recently opened on State Street.
Sizemore also was waving his finger in their faces, saying, “‘You are taking business away from my people in this community,’” Farber said.
“The gentleman came in and was aggressive and wanted to know if anyone spoke English,” said Chief Farber.
Sizemore claimed he was an ‘off-duty law enforcement K-9 officer’ and demanded to see the store owner’s business license. Sizemore is not a police officer.
Judge Robert Springstead said the 10-day sentence can be served in three-day increments, and Sizemore doesn’t have to report until May 1. “This will give him time to heal from a medical condition and get vaccinated (for COVID-19),” said Judge Springstead.
Sizemore appeared in court via Zoom video conferencing due to COVID-19.
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