Update: Richard Sovenski has been found guilty of battery, not guilty of malicious harassment.

The jury reached a verdict in the trial early Thursday afternoon.

Previous coverage: The jury sent a note to the judge asking what would happen if they couldn't agree. The judge sent everyone home for the night. Deliberations will continue tomorrow at 9am. 

Original Story: 

Sovenski trial

COEUR d'ALENE, Idaho - The attorney for Richard Sovenski was emotional during closing statements and said the case wasn't a hate crime. Rather, Sovenski lost his cool that night and he wasn't looking to commit a hate crime.

During closing arguments, the state began by saying the defense's "excuses" were not acceptable. The prosecutor said Sovenski does not have an excuse to act the way he did that night. 

Closing arguments wrapped up Wednesday afternoon and the trial was moved into the hands of the jury.

Previous coverage:

COEUR D'ALENE, Idaho - In street clothes, Richard Sovenski and his attorney sat as they waited for Judge Scott Wayman to take the bench.

KHQ was only granted the opportunity to film until court proceedings begin.

But one of the reasons Sovenski is on trial is due to a viral video that shows him shout racial slurs at a Spokane church group.

Prosecutors say Jose Ceniceros took the video after Sovenski had shoved him to the ground and added that Sovenski instigated the fight.

But the incident started inside the McDonald’s on Hanley Avenue in Coeur d’Alene.

During opening statements, Sovenski’s attorney told the court Sovenski grew tired of the church groups antics inside because he worried one of them would bump into his wife, who just had shoulder surgery a few weeks prior.

Sovenski’s attorney said that he had a complete meltdown and that what he said was wrong, but that Sovenski was not looking to commit a hate crime, but rather he was under intense stress from work and several other factors.

His attorney also said that after work that day, Sovenski had a few drinks with his brother before going to the McDonald’s with his wife and son.

His son is also seen in the video trying to defuse the situation.

If convicted, Sovenski could face up to five years in prison and a fine just for the malicious harassment charge.

The trial is expected to last three to four days.

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