The Deschutes County Courthouse in Bend. 

REDMOND — Gustavo Antonio Juarez was filming a video with his mariachi band in the backyard of a southwest Redmond home on April 23 when he heard yelling. A rock came flying over the fence, missing Juarez’s 8-year-old son by inches as the boy was engrossed in his iPad.

More rocks flew over the fence, injuring two other members of Banda Costa de Oro and damaging one of their trombones. A man, Michael Eugene Gumm, 64, entered the backyard and revealed himself as the source of the barrage.

“Go back to your country and take your music with you,” Gumm yelled at Juarez, according to court testimony. The band is a mariachi ensemble that plays traditional Mexican music.

The resulting altercation resulted in Gumm’s arrest by Redmond police. He pleaded no contest to bias crimes and criminal mischief on Sept. 25. The state agreed to drop charges of assault and harassment, and recommended the judge sentence Gumm to 24 months’ probation and five days in the Deschutes County Jail.

Before Judge Alycia Herriott imposed the sentence Thursday, Oct. 3, in Deschutes County Circuit Court, she gave Gumm and Juarez the chance to make statements. Juarez, who made it clear he was in fact born in the United States, just wanted Gumm to be held accountable for his actions. During his statement, he said that if Gumm had just apologized that day, he would have asked for the charges to be dropped.

“He refused and tried to buy his way out of it. I was about to take the money for the reason that I see a lot of these cases go unpunished, and I just couldn’t do it. … I just hope he understands how serious this was. And understands that there’s no room in this country for so much hate,” Juarez said.

During his statement, Gumm took the opportunity to explain his actions. He said he threw the rocks because he was angered by the volume of music and that the entire neighborhood was in distress over the noise.

Herriott remained unconvinced.

“I think there was an apology there, but there was a lot of excuses, too,” she told Gumm. “We all can be upset at times, and it’s how we handle ourselves in those moments that define who we are and what our character is. I don’t agree with behavior of this type and this kind of hate. I will follow the agreed-upon resolution.”

Gumm is ordered to report to the Deschutes County Jail on Oct. 18 to serve his five-day sentence.

“I just want people to understand that when this happens, speak up,” Juarez said after the court proceedings. “It happens a lot and people are afraid to report it because (like me, they think it won’t) be punished or handled the right way. But it was. People need to speak up when things like this happen, whether they think it’s small, whether they’re told that there’s nothing going to be done about it. Speak up and let it be known.”