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Suspected Stockton hate crime shooter to remain in jail, victim says he holds no hate for him

31-year-old Michael Hayes of Stockton remains in the San Joaquin County Jail for allegedly shooting 45-year old Bobby Gayle on Oct. 8.

STOCKTON, Calif — 31-year-old Michael Hayes remains in the San Joaquin County Jail after a judge Friday recommended "no bail" following an alleged hate crime shooting last Friday night.

Hayes is charged with attempted murder, using a firearm with intent to commit great bodily harm and a hate crime among other enhancements.

"The terrible actions of one is not a representation of who we are as a community," said District Attorney Tori Verber Salazar with a statement posted on the San Joaquin County District Attorney website. "No one should be victimized because of their race, ethnicity, religion, or sexual orientation. My office takes these crimes very seriously. It is our goal, in collaboration with our law enforcement partners, to rid the community of hate and unnecessary gun violence."

New details emerged during the arraignment for Hayes, which was continued until later this month.

ABC10 was present at the arraignment when the prosecutor told the courtroom Hayes, a letter carrier working out of Lodi, had been drinking at a bar last Friday night when drove through a North Stockton bank parking lot in a pick-up truck.

It was around 11:30 p.m. when 45-year old Bobby Gayle shouted at Hayes to "slow down."

Hayes was relaxing after a construction job he had worked on inside a restaurant next to the Wells Fargo Bank branch on Pacific Avenue in Stockton.

The prosecutor says Hayes then stopped his truck, got out and yelled a "racial epithet" before shooting Gayle seven times, then yelling the same "racial epithet" again and then leaving.

Gayle said Hayes shouted the "N-word" at him, according to his brother Marlon Gayle.

After several days without a suspect in custody, Stockton police arrested Hayes after a tip from the public.

During the court hearing Friday, an attorney with the San Joaquin County Public Defender's Office asked the judge if Hayes could be released with GPS monitoring. However, the judge denied the request due to the serious nature of the charges.

Hayes will be back in court on Oct. 28.

Watch more ABC10: Stockton victim of alleged hate crime speaks: 'I can't have hatred living in my heart'

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