A family with children was enjoying a meal at a Fremont, California, McDonald’s when a 22-year-old man allegedly slapped the mother and made a racist remark.

Prosecutors on Wednesday charged Marcus Harper with a hate crime and battery over the alleged incident. According to the Fremont Police Department, Harper, around 2:15 p.m. on April 5, walked up to a mother, father and two children as they ate in McDonald’s.

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“Harper initially took food from their table and ate it in front of them ,” cops wrote in the press release. “Harper walked away from the table for a brief time before returning to the table to slap the adult victim on her face while standing behind her.”

Prosecutors allege Harper then stated: “You Indians need to go back to your country.”

The defendant then threw a sauce packet at one of the children, a 9-year-old girl, before leaving. Cops obtained an arrest warrant and located him sitting alone in his vehicle in the area of Marshlands Road and Thornton Avenue on Tuesday. They took him into custody without further incident.

Local CW affiliate KRON obtained a police report that said Harper did not deny his actions. He reportedly said that the father gave him a “weird feeling” and felt as if he wanted him to slap her. Harper claimed he blacked out at the time of the alleged assault.