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FACTS:On or about Aug. 9, 2003, Zachary Jones, an African American, accompanied Amanda Johnson to Fanelli’s, a bar in Victoria. Bodie Lee Jaynes, who is Anglo, was also at Fanelli’s and was accompanied by two females. At some point during the evening, Jones overheard Jaynes and one of his female companions making racist comments. Jones approached Jaynes to question the comments; shortly thereafter, Jaynes and Jones engaged in an altercation outside of Fanelli’s.