A brother of Ashli Babbitt, the woman who was fatally shot by an officer during the Capitol riot, is accused of yelling racial slurs and assaulting a Latino traffic controller in San Diego.
Roger Stefan Witthoeft Jr. was arraigned last week on charges of committing battery, with a hate crime enhancement, and violating the victim’s constitutional rights by threat of force, San Diego City Attorney Mara W. Elliott announced.
The San Diego Union-Tribune first reported the relation between Babbitt and Witthoeft, citing public records and a business lawsuit in which they were co-defendants. Witthoeft identified himself as Babbitt's brother to The New York Times last year.
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The incident happened in September, when a San Diego Gas & Electric worker told Witthoeft that he would need to take a detour, authorities said.
Witthoeft "exited his pickup truck and verbally and physically confronted the worker, a Latino man," said a statement from Elliott's office.
Witthoeft's trial is scheduled for next month. The Union-Tribune reported that he is being represented by a public defender. The San Diego County public defender's office did not immediately respond to a request for comment from NBC News on Thursday.
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