A 36-year-old man is accused of threatening and using a racially derogatory term toward a convenience store clerk, who is a person of color.
David Allen Paiva, no address provided, appeared Monday via video in Clark County Superior Court on suspicion of malicious harassment, a hate crime offense in Washington.
Judge Gregory Gonzales set Paiva’s bail at $15,000. He will be arraigned Oct. 16, court records show.
A Clark County Jail Pre-Book Sheet indicates that Paiva has “known, stated or observed mental health problems” and that he was checked by medics; the document does not specify why, however.
Vancouver police were called shortly before 1 p.m. Friday to a business in the 5500 block of Northeast Fourth Plain Boulevard for an unwanted person. Upon arrival, the officer saw Paiva outside the nearby 7-Eleven, arguing with the store clerk, according to an affidavit of probable cause.
The officer said he saw Paiva “staring intently” at the clerk, and then clench his fists and lunge toward him. The officer announced himself and ordered Paiva to sit on the ground. Paiva reportedly refused and was taken to the ground by two officers, the affidavit says. He was subsequently taken into custody.
The store clerk told police that Paiva had purchased alcohol there and was drinking in front of a nearby business. Paiva returned to the store, however, and began arguing with the clerk. The clerk asked him to leave and offered to talk outside. Paiva repeatedly called the clerk a derogatory term and screamed, “I’m going to (expletive) you up!” the affidavit reads.
The clerk said he feared for his safety and tried to retreat before police arrived, court records say.
