A homeless man who yelled at a Ukrainian immigrant to go back to his own country, spat in his face and threatened to slash him with a box cutter was sentenced to 90 days in jail Friday and asked to write a 500-word essay explaining the challenges people face in starting new lives in the United States.

Harold Eugene Denson III pleaded no contest to unlawful use of a weapon and second-degree bias, a hate crime under Oregon law, for targeting the victim based on his national origin.

But in an unusual plea deal, a judge agreed to dismiss the bias charge if Denson writes the essay focusing on the experiences of Eastern European immigrants who come to the U.S.

“What I am asking you to do is put yourself into their shoes,” said Multnomah County Circuit Judge Christopher Ramras.

Denson has until late March to write the essay, otherwise he will be convicted of the bias charge and could face additional punishment.

“I appreciate the opportunity to write a report ... rather than stacking up a charge on my record,” Denson said.

He was arrested Aug. 25 after police were called to the Dick Hannah VW of Portland dealership at 12345 E. Burnside St.

The victim, Artem Kutuzov, was an employee at the dealership and speaks with an accent, said Deputy District Attorney Nicole Hermann. Denson is African American and told jailers he’s lived his entire life in Portland.

Investigators said Kutuzov walked up to Denson with a trash bag and a request that he pick up his belongings that had spilled onto the dealership’s property, according to investigators.

Denson said thank you, but then he became agitated and yelled that it wasn’t Kutuzov’s property but American soil, according to a probable cause affidavit. Denson also said he was born here, Kutuzov wasn’t and Kutuzov should go back to his own country, according to the affidavit.

Denson ended up spitting on Kutuzov and following Kutuzov with a box cutter as the dealership employee tried to walk away, authorities said. Denson said he would cut Kutuzov, investigators said.

Defense attorney Autumn Shreve said the dispute began after a hole formed in the bag Denson was using to collect cans for redemption and the cans fell out. Shreve said Denson became upset because he thought Kutuzov’s manner was condescending.

Shreve said both men interpreted what Denson said next differently -- with Denson, in part, believing he was explaining that the cans were on the sidewalk, which in the United States is public property.

Deputy District Attorney Nicole Hermann said she hopes the report helps Denson “better understand many of the struggles and the difficulties that people who come from other countries go through when they move to this country and have lived side by side with people who are sometimes not as friendly or kind as they can be.”

Denson told the judge he’s thankful that he can concentrate on “reformation.”

Denson’s criminal history includes second-degree robbery, first-degree burglary and second-degree kidnapping. The prosecution and defense said Denson had been homeless on and off, and didn’t have a place to live at the time of his most recent arrest.

Denson has been in jail since his arrest nearly 90 days ago and he’s expected to be released soon. Ramras, the judge, also sentenced Denson to three years of probation under a unit that specializes in supervising offenders with mental illness.

-- Aimee Green

agreen@oregonian.com

o_aimee

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