MARSHALL, Texas (KETK) – An assault at a Marshall restaurant is being investigated as a potential hate crime, according to a release from local police.

In a statement, officers said they were called to a restaurant on South East End Boulevard on Saturday, May 28 at 9 a.m.

While they were driving to the scene, they were told a suspect had left the scene in a red passenger car down Highway 59. The car was found later in the day and the man was identified as 59-year-old Jimmy Roland Herndon.

Herndon has been charged with assault causing bodily injury. Details of the alleged attack are limited, but Marshall police in their statement said they are “working with the Harrison County District Attorney’s Office to determine if the State will seek an affirmative finding that the assault was committed because of bias or prejudice.”