Chief U.S. District Court Judge William Downes chastised a prosecuting attorney for quoting a racially charged remark by a defendant in an illegal weapons jury trial on Wednesday.

Defendant Richard Serafin of Casper is on trial for possessing firearms to further a crime of violence.

Serafin pleaded guilty last week to possessing illegal firearms - two AR 15 type rifles with barrels less than 16 inches - and wanted to go to trial on the other charge.

In January, he told undercover special agent Steve McFarland of the U.S. Bureau of Alcohol, Tobacco and Firearms he intended to travel to the Mexican border and harm illegal immigrants after drug runners allegedly burned down his brother's house in Arizona, according to the affidavit with the criminal complaint filed on Feb. 5.

"He added that he has a 'bad feeling' about what might happen in Arizona, once he gets there. Serafin also said that there may be fewer illegal Mexicans coming into the U.S. after he is there," McFarland wrote.

Three other defendants from Casper - Jana Renae Serafin, Craig Shane and Kristine Jonelle Berwanger - were named in the case, but don't appear to have ties to anti-government groups, according to the affidavit. They each face one count of making a false record in a gun transaction.

On Wednesday, public defender Robert Rogers called Rawlins resident Adam Condon to testify about Serafin's character.

Condon said he and Serafin hunted, practiced target shooting and were in a three-man militia.

Serafin never made any violent comments to him, Condon added.

But during cross-examination, Assistant U.S. Attorney Stuart Healy III cited statements Serafin had made about shooting federal agents who would take his guns.

Condon responded such a comment might change his mind a little about Serafin.

Before the trial, Condon wrote Rogers expressing concern that Serafin might be painted as a racist and that he hates racists, Healy said.

The prosecutor then asked Condon if he would be surprised that Serafin stated, "If he ever needed to whack someone at a 7-11 like a n - - - - - … ."

Rogers immediately made a motion for a mistrial, which is intended to stop a trial when an error is so prejudicial legally it cannot be corrected.

Downes called for a sidebar with the two attorneys.

He dismissed the jury and asked them to return to court at 10:30 a.m. today.

Downes denied Rogers' motion and allowed Healy to continue cross-examining Condon to see where the prosecution was going with the case.

After a recess, the judge criticized Healy for injecting the inflammatory comment.

The other comments Serafin had made about illegal immigrants were racially charged enough, and the trial was about possessing firearms to further a crime of violence, Downes said.

"It's already in the record," he said. "This statement is just gratuitous."

Healy responded he had the right to impeach Condon's credibility.

But Downes interjected that legally prejudicial evidence is appropriate only if it helps prove the case.

Rogers was not happy, either.

"I have to reassess my entire case," he said.

Even though Downes had dismissed the jury, Rogers said the jurors had heard the quote and will have that in mind.

"It's awfully hard to overcome," he said.

Reach Tom Morton at (307) 266-0592, or at Tom.Morton@casperstartribune.net.