Kelsey Township, MN (Northlands NewsCenter)
--There will be no hate crime charges stemming from an underage drinking party at a Kelsey Township gravel pit on May 26th.
At that graduation party Max Pelofske accused a group of people of beating him up because he is gay.
If authorities could prove that to be the case the charges could have escalated to hate crime status which carries prison time.
Six of the seven people allegedly involved in that fight have now been charged with misdemeanor fifth degree assault, including the 21-year-old Pelofske.
Other charges from the incident include drinking and driving, disorderly conduct, drug possession, and fleeing a police officer.
The criminal complaints have conflicting stories of the incident.
According to the complaint, Max Pelofske and Kelly Johnson met St. Louis County Deputy Paulson at the intersection of McKay Road and Erickson Road in Kelsey Township at 11:24 PM on May 26.
Pelofske stated he was at a party and was approached by Randall Bauer. He says Bauer attacked him after asking him if he was gay. Deputy Paulson observed that Pelofske had an abrasion on his chin and that his shirt was ripped. No serious injuries were reported.
In a later interview, Pelofske said that he was leaving the party and was hit with a beer can. He went on to say that Tyler Schubert tackled him and that Bauer tried to thrown him into a campfire. No other witness saw this happen, according to the complaint.
Authorities say that when Bauer was located at the party, he was uncooperative and antagonistic. He denied any involvement in the incident.
Other witness say that Pelofske started the fight after his hat was knocked off and that is when the brawl broke out. The complaint also says that there was yelling back and forth about Pelofske stealing alcohol.