Parks Miller to refile ethnic intimidation charges

Stacy Parks Miller is pursuing the ethnic intimidation charges tossed earlier this week.

On Friday, the Centre County District Attorney took to Twitter to get the message out.

“Ethnic intimidation charges refiled on Nicholas Tavella. Motion for new judge. #hatecrimeswillnotbetolerated,” she tweeted.

Tavella, 19, of Greensburg, is the Penn State student who was bound over by District Judge Allen Sinclair Wednesday on misdemeanor counts of terroristic threats, simple assault, disorderly conduct, stalking and harassment and summary counts of public drunkenness and purchase, consumption, possession, or transportation of liquor or malt brewed beverages.

Sinclair dismissed an ethnic intimidation felony.

The charges stemmed from a Dec. 5 incident in which Penn State police said Tavella followed another student toward the dorms, demanding to know if he was going to rape a girl and why he was trying to get away.

“What are you, from the Middle East?” he asked the student, according to court documents.

Police said Tavella put his hands around the student’s neck and told him that he would “put a bullet” in him, and that he admitted to the attack being racially motivated.

Attorney Wayne Bradburn argued in court that Tavella had no malicious intent. According to police, he was drinking and had a can of beer on him at the time.

Assistant DA Jessica Lathrop said Wednesday that charges would be refiled.

“We will indeed be refiling the ethnic intimidation charge on the Tavella case. We tried to have it refiled this morning but the judge was unavailable,” Parks Miller said Friday. “A physical attack motivated by skin color and/or perceived ethnicity is a simple hate crime and this will not be tolerated in our community.”

This story was originally published December 11, 2015 at 2:32 PM with the headline "Parks Miller to refile ethnic intimidation charges."