A witness told Click2Houston she saw Gallegos throw large rocks at the man.
After identifying him as a suspect, police learned Gallegos had an active warrant for aggravated assault against a member of his family.
His bond has been set at $20,000.
Gallegos, whose mother is dating a black man, was “obviously a violent person and has hatred toward African Americans,” according to a an investigator with METRO, Houston’s mass transit organization.
“I believe the suspect’s vicious attack against the complainant is a hate crime, said the affidavit. “The witnesses that work at Taqueria Reyes stated that the suspect only attacks African Americans.”
In court Thursday, prosecutors in Gallegos’ family assault case alleged that Gallegos threatened to kill his mother and her boyfriend on Christmas because he disapproved of their relationship.
A reporting officer said he had read multiple cases involving the suspect. “After reading these reports about the suspect’s history,” according to Click2Houston. “I can clearly see the suspect is picking his victims on the basis of their skin color, the victim in (the officer’s) case is a 92-year-old black male who has never dealt with or had any type of interaction with the suspect.”
The responding officer added that he believed Gallegos’ attack amounted to a hate crime.