Kino Jimenez, 30, of San Antonio was charged with felony theft for harassing a teenage Trump supporter on the 4th of July. A video of Jimenez verbally harassing the teen and and stealing the his ‘Make America Great Again’ hat while he was eating peacefully in a local burger restaurant has since gone viral.

Jimenez posted a $5,000 bond and has since left the jail.

Local Texas news station KSAT 12 questioned San Antonio police spokesperson Carlos Ortiz about the charges. According to the report, Ortiz believed the charges in the case were “unusual” and said that a “number of people” have called in complaining that assault charges were not filed against Jimenez. According to a KSAT 12 report titled “SAPD peppered with calls for tougher charges against suspect in Whataburger attack”:

Officer Carlos Ortiz, a police spokesman, said SAPD has heard from a number of people who believe Jimenez should have been charged with assault rather than theft. A felony theft charge is unusual in a case like this, Ortiz said. The decision to charge Jimenez with theft was made based on the investigation, Ortiz said.

Jimenez lost his job at a local bar due to the viral incident and was disowned by his political party, The Green Party of Texas. The harassed teen posted on social media wearing another MAGA hat and saying the “libtard” Jimenez is welcome to keep his other one.