RAPID CITY, S.D. (AP) – A judge has taken the possibility of jail time off the table for a Philip man accused of subjecting American Indian children to racial slurs and spraying them with beer at a minor league hockey game in Rapid City.

The decision by Fourth Circuit Magistrate Judge Eric Strawn means the case of Trace O’Connell won’t go to a jury. Strawn will decide whether O’Connell is guilty of disorderly conduct and should be fined.

O’Connell, 41, has pleaded not guilty to a misdemeanor disorderly conduct charge that carries a maximum penalty of 30 days in jail and a $500 fine.

“I will not consider actual internment, but a fine,” Strawn told Rapid City Attorney Joel Landeen and defense attorney Mike Butler on Thursday. He said he based his decision on a review of the case file and O’Connell’s lack of a criminal history.

Landeen said he was disappointed in the judge’s decision.

“I was prepared to seat a jury and go forward,” he said.

O’Connell is accused of harassing students from the American Horse School at a January hockey game. The incident heightened racial tensions in the city. School officials plan to bring the students and their families – a group of about 80 people – to the bench trial scheduled for July 22 and 23, Landeen said.

The trial will be held in a theater at Rapid City High School to accommodate the expected large crowd, Strawn said.

Supporters of the children say they will be at every hearing leading up to the trial.

“We feel that the children of American Horse School are not actually receiving the full justice that they deserve,” Karin Eagle said.