The Boulder County District Attorney’s Office has dropped the case against a man accused of hitting a woman after telling her to “go back to China” after prosecutors could not locate the named victim.
Jeffrey Karol Bonczyk, 49, was set for trial this week on third-degree assault and bias motivated crime causing injury, but prosecutors dropped the case after they could not locate the named victim in the case.
“Hate crimes are a priority for our office,” Boulder District Attorney spokeswoman Shannon Carbone said in a statement. “We encourage victims to come forward. Unfortunately, in this case, law enforcement and the District Attorney’s Office were unable to locate the victim despite extensive efforts over the span of months. Without the victim, this case could not be proven beyond a reasonable doubt and had to be dismissed.”
Bonczyk, however, did plead guilty to a count of disorderly conduct in a separate case that originated as a violation of a protection order arrest for drinking alcohol. He was sentenced to one day of time served in jail.
According to an arrest affidavit, the woman told police she and Bonczyk were both “hanging out” in the area of 28th Street and Arapahoe Avenue on Oct. 4, 2018, when Bonczyk became aggressive because of her perceived race.
The woman told police Bonczyk told her to “go back to China.” When the woman said she is of native descent, she said Bonczyk told her, “I’m the first one here, I’m the white one, I’m the Viking.”
The woman also told police that Bonczyk pushed her down and kicked her several times, according to the affidavit.
Bonczyk told police that the fight started because the woman “hates white people.”