A federal grand jury returned an indictment on Friday charging a 58-year-old former Draper man with a racially motivated assault against a black neighbor and his young son last year in which the defendant shouted a racial epithet and zapped the neighbor with a stun gun.
Mark Olic Porter, is charged with one count of “interference with housing,” for allegedly interfering with the neighbor because of his race after he had moved in nearby.
Porter on Nov. 3, yelled “n-----,” and said “get out of here” to the alleged victim and his 7-year-old son, and used a stun cane to assault the alleged victim, M.W., resulting in bodily injury, according to the federal charges.
If convicted on the civil rights charge, Porter faces a maximum sentence of 10 years in prison and a $250,000 fine. He was arrested on the charge in Arizona and will have an appearance in federal court in Arizona, prosecutors said.
The alleged crime occurred near 200 E. Wasatch Point Lane (13550 South), according to charges against Porter filed in state court last year, which were dismissed in favor of the federal prosecution.
The state charges alleged that the victim, identified as Mike Waldvogel, heard Porter shout, “get out of here, n-----” at his son, who was riding his scooter in a common area.
When Waldvogel told Porter not to yell at his son, Porter reached over a railing and hit Waldvogel’s neck with a stun cane, charges state.
Waldvogel said he was being shocked when he got the cane away from Porter.
A Draper police officer who observed a red mark on Waldvogel's neck, reported that Porter came out of his home visibly upset, complaining that Waldvogel had stolen his cane, charges state.
Porter smelled of alcohol and refused to stay inside his residence while the officer spoke to witnesses, charges state.
After Porter tried to follow the first officer, a second officer grabbed Porters’ sleeve. Porter then spun around and “aggressively went face-to-face” with the second officer, who put Porter‘s arm behind his back, charges state.
Porter then struggled with both officers, knocking one officer’s body camera off. After he was handcuffed, Porter elbowed the first officer, continued to yell at both officers and threatened to defecate while on the back of the patrol car, “which he did,” charges state.
Porter was charged in 3rd District Court with third-degree felony aggravated assault, class A misdemeanor assault against a police officer, class B misdemeanor interference with an arresting officer, and class c misdemeanor intoxication.