RAPID CITY, S.D. (AP) - A judge says jail time is off the table for a South Dakota man accused of subjecting American Indian children to racial slurs and spraying them with beer at a minor league hockey game.

The judge's decision Thursday means 41-year-old Trace O'Connell's case won't go to a jury trial. The judge will decide whether he's guilty of disorderly conduct and should be levied a fine.

The charge has a maximum penalty of 30 days in jail and a $500 fine.

O'Connell has pleaded not guilty to accusations that he harassed students from the American Horse School at a January hockey game. Rapid City Attorney Joel Landeen says school officials plan to bring the students and their families to the trial scheduled for July 22 and 23.

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