Calling a recent incident racially motivated, a black University student said downtown and University police discouraged him from pressing charges when he and a friend were involved in a reported fight with about five white men.

But one man cited for criminal mischief in an incident related to the alleged fight said it was not racially motivated. And State College Police said none of the parties reported the use of racial epithets.

Marvin Moore (sophomore-economics) and Malcom Anderson (sophomore-division of undergraduate studies) were allegedly attacked by the men, both outside and inside McDonald's, 442 E. College Ave., early Sunday morning, Feb. 4, after one of the men allegedly kicked out a tail light on Moore's car, Moore said.

Moore added that the men made comments he found racially derogatory like, "You people are always causing trouble."

"They called us niggers a couple of times," Anderson said, but added, "I guess I really can't say what they were thinking about . . . it might have been racial. I don't know."

Moore said he believed police on the scene discouraged him from pressing assault charges because the matter could be distorted if publicized, creating racial tension.

Sgt. Diane Conrad of State College Police, who was called to the scene, denied Moore was discouraged from pressing charges and said currently she has no reason to believe the incident was racially motivated. A University officer could not comment.

"Neither of them said anything about any racial slurs," Conrad said, adding that further investigation is necessary before simple assault charges can be pressed or motivations determined.

Moore said he planned to meet with Conrad last night, but as of 11 p.m. they had not met.

On the morning of the reported incident, police apprehended six men behind McDonald's who had been stopped by University police. The men were identified by Moore and Anderson as the ones who had kicked the car and reportedly fought with them, Conrad said.

While a University student was cited for breaking the tail light, Moore said he plans to press charges of simple assault for the reported fight.

Harry Felty (senior-economics) was cited for criminal mischief for breaking the tail light, police and the district magistrate's office said.

Felty said he will plead not guilty to criminal mischief and denied the incident was racially motivated, saying Moore and Anderson started the fight.

"Nobody said any racial slurs," he said. "Anything that happens up here between a black guy and a white guy is considered racially motivated. It's as simple as that."

Moore said while driving down Sowers Street with Anderson, he encountered a group of about five white men in the street.

The men moved after they were asked, but kicked the car as it passed, Moore said.

After parking behind McDonald's, Moore said he and Anderson stepped from the car and confronted the men. He said he was holding a metal car lock device because he was outnumbered and wanted to protect himself.

He said the men began shouting and pushing Moore and Anderson, backing them toward McDonald's.

The men moved into McDonald's, where Anderson said a bystander took the car lock from Moore.

When they realized the police had been called, the group of white men ran out of McDonald's but were apprehended by police, Moore said.

But Felty said while he and a friend were walking on Sowers Street, Moore almost hit his friend, and then called him an "asshole."

After parking his car, Moore got out and was swinging the car lock device, Felty added.

"They provoked it," he said, adding the incident involved only pushing and shouting but no punching. He said he did not touch anyone or say anything.

He said while police interviewed Moore and Anderson for about 25 minutes, he did not get a chance to give his version of the story.

After going back to the parking lot, Moore said he noticed his tail light had been broken.

Conrad said nobody complained of or displayed any injuries at the time but agreed some of the men may have been drinking.

Conrad said she did not know if the incident would fall under the state's Ethnic Intimidation Act, but refused to comment further on the incident because an investigation may be continuing.

Some crimes fall under ethnic intimidation when they are committed "with malicious intention toward the race, color, religion or national origin of another individual or group of individuals," according to the act.

Bob Godlove, an attorney in the Office of Conduct Standards, said ethnic intimidation is a separate offense. Godlove also said any University students involved in the incident could be disciplined by the University.

Felty said only one other man involved is a University student. The other men were friends from high school who were visiting that weekend, he added.

Director of the Office of Conduct Standards Donald Suit said he has heard of the incident but has not yet been contacted by police.

"I'm not sure exactly what's going on yet," he said, noting the University does not involve itself in every downtown case involving students.