She said she had to go to the bathroom, she don't have to shut the fuck up. Why don't you sit the nigger child down then, you crazy ass bitch. I'll whip your fat ass. Defendant apparently threw a punch, but did not hit the complainant. The restaurant manager eventually called the police, who came and stopped the argument.
Defendant raises two arguments on appeal.
First, he argues that there was insufficient evidence to sustain a conviction for ethnic intimidation. In determining a question regarding the sufficiency of evidence, we review the evidence in a light most favorable to the prosecution to determine whether a rational trier of fact could conclude that the elements of the crime were proven beyond a reasonable doubt. Here, there was ample evidence that defendant threatened, by word and act, to cause physical contact with the complainant. In addition, defendant's act of throwing a punch at the complainant provided reasonable cause to believe that physical contact would occur. Testimony regarding defendant's words and acts also provided abundant circumstantial evidence that defendant's threat was made maliciously, and with specific intent to intimidate or harass the complainant.