Marine Sgt. Maj. Damien Rodriguez, 40, was charged with second-degree intimidation, harassment and disorderly conduct after walking into DarSalam, an Iraqi restaurant in Northeast Portland, Oregon, using racial slurs and profanity and then attacking a waiter with a chair, according to NBC News

The intimidation charge, which is a hate crime in Oregon, has since been dropped, NBC-affiliate KGW reported.

"We can confirm that Sgt. Maj Damion T. Rodriguez was arrested by Portland law enforcement after an altercation in a local Portland restaurant. At this time, the 1st Marine Division will fully assist Portland law enforcement if asked to do so and reserves the right to address this incident through administrative and judicial means once the local investigation is complete and case adjudicated. As Marines, we are expected to uphold and abide by the highest of principals and ethical behavior, both on and off duty," 1st Lt. Matthew Gregory, a public affairs officer for the 1st Marine Division, said in a statement to the television station.

Rodriguez has deployed to Afghanistan and Iraq several times and told jailers he was diagnosed with post-traumatic stress disorder.

According to his bio, Rodriguez deployed to Ramadi, Iraq, in March 2004. He returned to Anbar Province in 2006 and deployed to Afghanistan in 2010 and against in 2012. He currently serves as the 1st Battalion, 11th Marines sergeant major. His bio has since been removed from the battalion's website. Rodriguez was released on bail, according to KGW.

"We were really sad about what happened," Ghaith Sahib, the owner of DarSalam, told the station. "We feel sorry for the guy and we feel sorry for ourselves, too." 

"It's obvious it's a hate crime. And it was an assault. Our staff member is injured physically, both of our staff members that were most directly involved are traumatized emotionally as well," said Tiffany Sahib, Ghaith's wife, who added that the waiter who was attacked is from Yemen.

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