N.M. man sues over co-workers’ ‘Kick me’ prank

ALBUQUERQUE, N.M. — Intel workers secretly taped a “Kick Me” sign to the back of a co-worker as a prank, then kicked the confused man a number of times as employees at the Rio Rancho Intel plant laughed hysterically at the episode, according to a federal lawsuit.

The Intel employee, Harvey Palacio, said in the complaint recently filed in Albuquerque that once he suspected something was taped on his back during the August prank, he went to senior staffer Randy Lehman to ask if something was there.

“Lehman said turn around and as Palacio did he saw and heard (another employee) yell out ‘Don’t read it, just do it’,” the lawsuit said.

Lehman then kicked Palacio three times in his buttocks, according court documents.

Another employee, Chris Zeltinger, who the lawsuit said exchanged Christmas gifts with Palacio, kicked him twice as he was seeking help to remove the sign.

“Palacio decided that this could not continue and walked back in front of the group to ask someone else to remove it,” the lawsuit said. “Palacio felt demoralized and assaulted and he began to cry during the drive home. He could not tell his wife because he was so embarrassed and ashamed.”

In addition, Palacio said co-workers would hide his work uniform and filled his work bag with trash. He claims the abuse he faced over a few months was racially motivated because he’s Filipino.

The lawsuit seeks an unspecified amount for damages and attorney’s fees.

Lehman and Zeltinger were later convicted of petty misdemeanor battery and ordered to perform 16 hours of community service. Both also lost their Intel jobs because of the prank.

Intel Corp. spokeswoman told The Associated Press that the company is reviewing the lawsuit and declined to comment further.

Diego Esquibel, Lehman’s attorney, called the episode “extremely unfortunate” and said Lehman and has not forgotten about the victim.

“He is truly sorry for any shame, sadness or pain the victim felt and his actions were never meant to cause any of those things,” Esquibel said. “My client gave a heartfelt apology at sentencing and his feelings and statements have not changed.”

No phone number was listed for Zeltinger.

——

Follow Russell Contreras at http://twitter.com/russcontreras

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Traffic idles while waiting for the lights to change along 33rd Avenue West on Tuesday, April 2, 2024 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Lynnwood seeks solutions to Costco traffic boondoggle

Let’s take a look at the troublesome intersection of 33rd Avenue W and 30th Place W, as Lynnwood weighs options for better traffic flow.

A memorial with small gifts surrounded a utility pole with a photograph of Ariel Garcia at the corner of Alpine Drive and Vesper Drive ion Wednesday, April 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Death of Everett boy, 4, spurs questions over lack of Amber Alert

Local police and court authorities were reluctant to address some key questions, when asked by a Daily Herald reporter this week.

The new Amazon fulfillment center under construction along 172nd Street NE in Arlington, just south of Arlington Municipal Airport. (Chuck Taylor / The Herald) 20210708
Frito-Lay leases massive building at Marysville business park

The company will move next door to Tesla and occupy a 300,0000-square-foot building at the Marysville business park.

A closed road at the Heather Lake Trail parking lot along the Mountain Loop Highway in Snohomish County, Washington on Wednesday, July 20, 2023. (Annie Barker / The Herald)
Mountain Loop Highway partially reopens Friday

Closed since December, part of the route to some of the region’s best hikes remains closed due to construction.

Emma Dilemma, a makeup artist and bikini barista for the last year and a half, serves a drink to a customer while dressed as Lily Munster Tuesday, Oct. 25, 2022, at XO Espresso on 41st Street in Everett, Washington. (Ryan Berry / The Herald)
After long legal battle, Everett rewrites bikini barista dress code

Employees now have to follow the same lewd conduct laws as everyone else, after a judge ruled the old dress code unconstitutional.

The oldest known meteor shower, Lyrid, will be falling across the skies in mid- to late April 2024. (Photo courtesy of Pixabay)
Clouds to dampen Lyrid meteor shower views in Western Washington

Forecasters expect a storm will obstruct peak viewing Sunday. Locals’ best chance at viewing could be on the coast. Or east.

AquaSox's Travis Kuhn and Emerald's Ryan Jensen an hour after the game between the two teams on Sunday continue standing in salute to the National Anthem at Funko Field on Sunday, Aug. 25, 2019 in Everett, Wash. (Olivia Vanni / The Herald)
New AquaSox stadium downtown could cost up to $120M

That’s $40 million more than an earlier estimate. Alternatively, remodeling Funko Field could cost nearly $70 million.

Downtown Everett, looking east-southeast. (Chuck Taylor / The Herald) 20191022
5 key takeaways from hearing on Everett property tax increase

Next week, City Council members will narrow down the levy rates they may put to voters on the August ballot.

Everett police officers on the scene of a single-vehicle collision on Evergreen Way and Olivia Park Road Wednesday, July 5, 2023 in Everett, Washington. (Photo provided by Everett Police Department)
Everett man gets 3 years for driving high on fentanyl, killing passenger

In July, Hunter Gidney crashed into a traffic pole on Evergreen Way. A passenger, Drew Hallam, died at the scene.

FILE - Then-Rep. Dave Reichert, R-Wash., speaks on Nov. 6, 2018, at a Republican party election night gathering in Issaquah, Wash. Reichert filed campaign paperwork with the state Public Disclosure Commission on Friday, June 30, 2023, to run as a Republican candidate. (AP Photo/Ted S. Warren, File)
6 storylines to watch with Washington GOP convention this weekend

Purist or pragmatist? That may be the biggest question as Republicans decide who to endorse in the upcoming elections.

Keyshawn Whitehorse moves with the bull Tijuana Two-Step to stay on during PBR Everett at Angel of the Winds Arena on Wednesday, April 17, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
PBR bull riders kick up dirt in Everett Stampede headliner

Angel of the Winds Arena played host to the first night of the PBR’s two-day competition in Everett, part of a new weeklong event.

Simreet Dhaliwal speaks after winning during the 2024 Snohomish County Emerging Leaders Awards Presentation on Wednesday, April 17, 2024, in Everett, Washington. (Ryan Berry / The Herald)
Simreet Dhaliwal wins The Herald’s 2024 Emerging Leaders Award

Dhaliwal, an economic development and tourism specialist, was one of 12 finalists for the award celebrating young leaders in Snohomish County.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.