MERCED, Calif. (KSEE/KGPE) – An assistant District Attorney for the Merced County District Attorney’s office revealed more details about the man who allegedly assaulted Daevon Motshwane in a Merced County Superior Court on Thursday.

Motshwane is charged with the murder of nine-month-old Darius King Grigsby. The man seen attacking him, James McRae, has a list of charges against him. He was in court for a preliminary hearing on Thursday when the attack took place.

According to the Merced County District Attorney’s office, McRae has four open cases for battery, and above all, a first-degree murder charge.

Police say on June 10, 2021, McRae stabbed and killed a 40-year-old man on R Street in Merced during a fight. McRae, who faces life in prison, allegedly attacked Daevon Motshwane Thursday morning.

Attorney David Mugridge believes more charges will likely come for McRae.

“He’s looking certainly at an assault charge. And that is what we call a wobbler, which means it could be charged as a felony or misdemeanor. It’s probably likely that it’ll be charged as a felony, because of the location of where it occurred,” said Mugridge.

Mugridge says McRae could get up to four years in state prison and a $10,000 fine if it ended up being a felony, and up to six months in county jail and a $1,000 fine if a misdemeanor.

Mugridge said he could also face a misdemeanor of disturbing the peace.

In his 37-year career as an attorney, he said he’s only seen one other courtroom incident like the one on Thursday.

“One guy was moving on top of another inmate and he found it very offensive. And he hauled off and punched him, they weren’t wearing belly chains. But that’s the only time I’ve ever seen anything like that happen,” he said.

But in this case, he is confused as to how this attack occurred. Daevon Motshwane wore what Mugridge called a yellow “banana suit”, which he said signifies a high-priority inmate. Mugridge says based on the fact Motshwane wore that, the egregious nature of the crime meant he should have been isolated from other inmates.

“It’s obvious to everybody, certainly the inmates, that this guy has, has got something that he’s done, that he is getting special treatment. And that’s like putting a target on his back,” said Mugridge.

James McRae’s new court date is set for December 21. Daevon Motshwane is scheduled to return to court on December 8.