By Jim Hannah
Enquirer staff writer

COVINGTON - They pulled on white hoods and shouted racial slurs as they targeted a black family living in Boone County during the Fourth of July weekend, federal authorities say.

The first suspect to appear in U.S. District Court on civil-rights violations was portrayed in an affidavit compiled by the FBI as a ringleader among at least four who agents think committed the hate crimes July 2 and 3.

Matthew T. Scudder, 18, of Hebron is charged with hate crimes against a local black family. (Photo courtesy of WCPO)

Matthew T. Scudder, 18, of Hebron waived his right to a preliminary hearing during his initial court appearance Monday morning and was released to his mother. Federal prosecutors said they didn't object. Scudder had been in federal custody since Friday afternoon.

Scudder's lawyer, Howard Tankersley of Florence, said his client intends to plead not guilty to the charge of conspiracy to violate civil rights. Scudder faces up to 10 years in prison and a $25,000 fine if found guilty of burning a cross in a family's yard and breaking out car windows.

U.S. Magistrate Judge Gregory Wehrman read aloud the affidavit used to arrest Scudder before outlining 11 restrictions on his release. Among them: Scudder must wear an ankle monitor, get a job, refrain from reading racist literature and submit to alcohol and drug tests.

Tankersley described his client as a high-school dropout who has held down only one job and had a troubled youth.

Scudder and his family, many of whom appeared in court, would not comment after the hearing.

The affidavit, signed by FBI Agent Michael Shafer, provided the most complete details of the cross burning to date.

In the hours leading up to it, Scudder, a friend and co-defendant Jimmy Foster and an unidentified juvenile listened to "media of racist nature" and engaged in racist conversation during which each stated, using racial slurs, that they hated blacks, according to the affidavit.

Scudder and the juvenile got some wood scraps, nails, a hammer, a saw, cloth and lighter fluid to build a 3-foot cross, the affidavit says. The two are accused of taking it to the home of the family in Burlington and lighting it on fire in the yard.

The affidavit says Scudder and the juvenile bragged about their deed to Foster and a second juvenile the next night. The four then planned more harassment.

Scudder and the two juveniles put on white hooded masks, the affidavit said. And Foster pulled his white T-shirt over his head. They walked back to the black family's house. Scudder and one of the juveniles then yelled racial epithets and "get out of town" and lobbed bricks through the windows of the family's car as the other two watched, according to the affidavit.

Fred Mahone, who lived in the 6500 hundred block of Rosetta Drive, filed two separate police reports about the crimes and quickly moved out of the rental home. He has said he feared for his family's safety.

Foster is scheduled to appear in U.S. District Court at 9:30 a.m. Thursday on a charge of conspiracy to violate civil rights. The juveniles have not been charged.

Law-enforcement officials have said they do not think that an organized hate group was involved in the cross burning.

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E-mail jhannah@enquirer.com