By Janice Gregorson

Post-Bulletin, Rochester MN 

A man with a lengthy criminal history now faces new charges for what prosecutors call "very harassing behavior."

Joey Leigh Lyke, 29, is accused of harassing a man who was out walking in his neighborhood Thursday evening, in the area of Eighth Street and First Avenue Northeast.

The victim, 43, told investigating officers that he is convinced the confrontation is because of his race. He is black. Lyke is white and displayed tattoos on his arm that had a facial image of Hitler, and another with an eagle, wings spread, on top of a swastika symbol.

When showing the victim the tattoos, Lyke allegedly said he's not racist.

Lyke was arraigned on the new complaint in Olmsted District Court on Friday. He is charged with gross misdemeanor harassment/stalking; and disorderly conduct. Neither of the charges allege bias.

Senior Assistant Olmsted County Attorney Ross Leuning told Judge Debra Jacobson that Lyke's criminal history includes nine assaults of varying levels, convictions for two burglaries and three cases of criminal damage to property. He said Lyke has been to prison on five different files.

Leuning said that given the "very harassing behavior" in this case, bail is warranted. He asked the judge to set unconditional bail at $6,000 and conditional bail at $3,000.

Public defender Dave Shulman said Lyke should be released without bail.

"We are not dealing with his past criminal history," Shulman said, adding that he is not charged with a felony offense in this case.

The judge disagreed and set bail as requested by Leuning. Lyke returns to court Nov. 12.

According to the criminal complaint, the victim was walking around the block and talking to his wife on his cell phone when confronted by Lyke. A person who heard obscenities being yelled called 911.

The victim told police that Lyke walked up to him from behind, blocked his path and told him he should not be walking in "his" neighborhood. He said Lyke took off his black jacket and dropped it in a big puddle of water, then took off a black T-shirt and pulled out what he thought was a gun, but later saw that it was either a knife or a hand tool.

The victim said he tried to walk around Lyke, but Lyke blocked his path. The victim said he turned around to leave and said Lyke followed him and questioned him about not being from the area and commented on Detroit and Chicago. That is when Lyke pointed to his tattoos, the victim said.

He said Lyke scraped the tool on the ground in front of him as if drawing a line. The victim said he believed he was going to have to defend himself, so he took off his glasses and checked his surroundings. He said he continued to walk and cut through the yard of a residence on Eighth Street Northeast.

He said Lyke blocked his path again, stood directly in front of his face and asked if he wasn't going to shake his hand. While shaking Lyke's hand, he said Lyke squeezed his hand tightly as if to show his toughness, the complaint says.

Again, he said, Lyke drew a fake line on the ground.

The victim said he was scared and continued to walk. He said Lyke followed him through the yard and alley to the south side of the Cronin Home. He said Lyke was yelling profanities.

Police recognized the description of Lyke and located him at his home, where he was arrested.

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