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FREMONT, CA — A California man has been arrested and charged with a hate crime after allegedly assaulting a mother and her young daughter inside a Fremont McDonald’s earlier this month, police confirmed.
The incident occurred around 2:15 p.m. on April 5 at a fast-food restaurant located on the 38000 block of Fremont Boulevard.
According to the Fremont Police Department, 22-year-old Marcus Harper approached a family — a mother, father, and their child — while they were eating. Without provocation, Harper grabbed a handful of french fries from their tray and ate them in front of the family.
After briefly walking away, Harper returned to the table, made racist remarks, and slapped the 36-year-old mother in the face while standing behind her. He then threw an open packet of sauce at the family’s child, staining the girl’s sweater.
According to police reports obtained by KRON, Harper shouted, “You Indians need to go back to your own country,” during the assault.
The child’s father immediately called 911. By the time officers arrived, Harper had fled the scene. Surveillance video from inside the restaurant captured the attack and showed Harper’s vehicle — a 2003 Honda Accord — parked outside.
Detectives later used surveillance footage and a 2024 mugshot to identify Harper as the suspect.
The Fremont Police Department’s Crimes Against Persons Unit took over the case and classified the incident as a hate crime. A warrant was issued for Harper’s arrest.
On April 15, detectives located Harper alone in his vehicle in Newark, near Marshlands Road and Thornton Avenue. He was arrested without incident and taken into custody.
During an interrogation, Harper did not deny his actions, according to police. He reportedly told detectives that he “blacked out” during the assault and claimed the woman’s husband gave him a “weird feeling.”
He also stated that he believed the man wanted him to slap his wife — a claim police found to be unsubstantiated and inconsistent with the evidence.
On April 16, the case was presented to the Alameda County District Attorney’s Office, which filed charges against Harper including:
- PC 422.6(a) – Hate crime in violation of civil rights
- PC 242 – Battery
Harper remains in custody at Santa Rita Jail.
“This unprovoked and racially motivated attack on a family simply sharing a meal is deeply disturbing,” said Fremont police. “We are grateful for the swift response of officers and the cooperation of the victims in bringing this case forward.”
The investigation is ongoing.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
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Man Yelled “You Indians Need to Go Back to Your Own Country” During Hate Crime at McDonald’s

FREMONT, CA — A California man has been arrested and charged with a hate crime after allegedly assaulting a mother and her young daughter inside a Fremont McDonald’s earlier this month, police confirmed.
The incident occurred around 2:15 p.m. on April 5 at a fast-food restaurant located on the 38000 block of Fremont Boulevard.
According to the Fremont Police Department, 22-year-old Marcus Harper approached a family — a mother, father, and their child — while they were eating. Without provocation, Harper grabbed a handful of french fries from their tray and ate them in front of the family.
After briefly walking away, Harper returned to the table, made racist remarks, and slapped the 36-year-old mother in the face while standing behind her. He then threw an open packet of sauce at the family’s child, staining the girl’s sweater.
According to police reports obtained by KRON, Harper shouted, “You Indians need to go back to your own country,” during the assault.
The child’s father immediately called 911. By the time officers arrived, Harper had fled the scene. Surveillance video from inside the restaurant captured the attack and showed Harper’s vehicle — a 2003 Honda Accord — parked outside.
Detectives later used surveillance footage and a 2024 mugshot to identify Harper as the suspect.
The Fremont Police Department’s Crimes Against Persons Unit took over the case and classified the incident as a hate crime. A warrant was issued for Harper’s arrest.
On April 15, detectives located Harper alone in his vehicle in Newark, near Marshlands Road and Thornton Avenue. He was arrested without incident and taken into custody.
During an interrogation, Harper did not deny his actions, according to police. He reportedly told detectives that he “blacked out” during the assault and claimed the woman’s husband gave him a “weird feeling.”
He also stated that he believed the man wanted him to slap his wife — a claim police found to be unsubstantiated and inconsistent with the evidence.
On April 16, the case was presented to the Alameda County District Attorney’s Office, which filed charges against Harper including:
- PC 422.6(a) – Hate crime in violation of civil rights
- PC 242 – Battery
Harper remains in custody at Santa Rita Jail.
“This unprovoked and racially motivated attack on a family simply sharing a meal is deeply disturbing,” said Fremont police. “We are grateful for the swift response of officers and the cooperation of the victims in bringing this case forward.”
The investigation is ongoing.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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Man Yelled “You Indians Need to Go Back to Your Own Country” During Hate Crime at McDonald’s

FREMONT, CA — A California man has been arrested and charged with a hate crime after allegedly assaulting a mother and her young daughter inside a Fremont McDonald’s earlier this month, police confirmed.
The incident occurred around 2:15 p.m. on April 5 at a fast-food restaurant located on the 38000 block of Fremont Boulevard.
According to the Fremont Police Department, 22-year-old Marcus Harper approached a family — a mother, father, and their child — while they were eating. Without provocation, Harper grabbed a handful of french fries from their tray and ate them in front of the family.
After briefly walking away, Harper returned to the table, made racist remarks, and slapped the 36-year-old mother in the face while standing behind her. He then threw an open packet of sauce at the family’s child, staining the girl’s sweater.
According to police reports obtained by KRON, Harper shouted, “You Indians need to go back to your own country,” during the assault.
The child’s father immediately called 911. By the time officers arrived, Harper had fled the scene. Surveillance video from inside the restaurant captured the attack and showed Harper’s vehicle — a 2003 Honda Accord — parked outside.
Detectives later used surveillance footage and a 2024 mugshot to identify Harper as the suspect.
The Fremont Police Department’s Crimes Against Persons Unit took over the case and classified the incident as a hate crime. A warrant was issued for Harper’s arrest.
On April 15, detectives located Harper alone in his vehicle in Newark, near Marshlands Road and Thornton Avenue. He was arrested without incident and taken into custody.
During an interrogation, Harper did not deny his actions, according to police. He reportedly told detectives that he “blacked out” during the assault and claimed the woman’s husband gave him a “weird feeling.”
He also stated that he believed the man wanted him to slap his wife — a claim police found to be unsubstantiated and inconsistent with the evidence.
On April 16, the case was presented to the Alameda County District Attorney’s Office, which filed charges against Harper including:
- PC 422.6(a) – Hate crime in violation of civil rights
- PC 242 – Battery
Harper remains in custody at Santa Rita Jail.
“This unprovoked and racially motivated attack on a family simply sharing a meal is deeply disturbing,” said Fremont police. “We are grateful for the swift response of officers and the cooperation of the victims in bringing this case forward.”
The investigation is ongoing.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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