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“He asked me: ‘Are you gay?’ And I said, ‘Yes. Is that OK?'” Then They Beat Him.

Over the weekend a 21-year old man went to offer his congratulations to friends at a high school graduation party. According to reports, Max Pelofske, of Duluth, Minnesota, was approached by at least two men. When all was said and done, two men were later arrested and held at the St. Louis County Jail, the victim — who says the attack by up to nine men was a hate crime — was sent to hospital and kept overnight.

Via the Duluth News Tribune:

Max Pelofske, 21, of Duluth, said he came to a party at the pit to offer his congratulations to a friend’s sister, who will graduate from Proctor High School in several days. The friend, Kelly Johnson, also 21, said she and Pelofske had been at the unsanctioned gathering of about 50 people, mostly current and former Proctor students, for about five minutes when a boy or young man approached her and Pelofske.

“He told me to look him in the eyes, and I was really confused because I’d never seen the guy before,” Pelofske told the News Tribune. “He asked me: ‘Are you gay?’ And I said, ‘Yes. Is that OK?’ ”

After that, Pelofske said he was struck in the head by a flying beer can, and a crowd of young men surrounded him, threw him to the ground and began punching and kicking him.

“I tried to get up, but I kept getting knocked back down,” said Pelofske, who described his alleged assailants as “all laughing and smiling.”

“They were trying to throw me into the fire,” he said.

Johnson said at least nine young men were involved in the attack.

“I thought they were going to kill him,” Johnson said, who estimated the beating went on for five to 10 minutes. She said she tried to intervene but was pushed away. “I was screaming, ‘Just let us leave!’ ”

Pelofske said he was finally able to get to his feet, ducked a punch and took off running, stopping at last to vomit.

He called 911 to report the incident and estimated that authorities arrived about 10 minutes later.

“After they’re arraigned and charged, the assault charge should show whether it’s a crime of bias,” Sgt. Brent Donahue of the St. Louis County Sheriff’s Department told the Duluth News Tribune. “It’s an open investigation at this point.”

The 19-year-old in custody is being held on pending charges of assault in the fourth degree — which is a crime of bias, Donahue said — and possession of marijuana. The 18-year-old’s pending charges are unknown.

Pelofske said he was exhausted and sore Sunday. He said his ribs are bruised, his back and legs are covered with footmarks and his face is swollen. He said he didn’t want to even leave his home.

“I’ve been jumped before,” he said, “but nothing like this has ever happened to me.”

The News Tribune adds that another witness, a high school senior, claims she saw a different set of events and adds, “I never saw a punch land.”

It would seem the hospital report will dispute the validity of that claim.

The Huffington Post adds that yesterday,

About 100 people gathered in support of Pelofske, who has since been released from the hospital, at the rally on Memorial Day afternoon. Though the incident has not been formally classified as a hate crime, two alleged male assailants, ages 18 and 19, have since been taken into custody. Pending charges against the 19-year-old are fourth-degree assault, which is a bias crime, and possession of marijuana, while information on pending charges against the 18-year-old was not available, according to The Advocate.

Pelofske’s mother told the Northland New Center that her son remains “really shaken up” by the incident. “Absolutely, yes, he thinks it was a hate crime, they did this because he was gay,” she said. “He’s going to be okay physically, but mentally…not really good right now.”

Added Jesse Campbell, a gay rights advocate from Duluth: “We want to give people a positive place to channel their energies. We also want to give people an opportunity to grieve that this could happen and to show support for Max and his family.”

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