Curt James Brockway, wearing jeans and a short-sleeved plaid shirt, stood with his hands behind his back and looked intently at the judge during the brief morning hearing at Mineral County Court in Superior City.
Judge John Larson reintroduced Brockway's probation from a previous conviction, which means Brockway must stay home with a GPS monitor – except for visits with doctors and his lawyer and court appearances – and check in regularly with a probation officer.
Brockway, 39, is next scheduled to appear for a court hearing on October 23.
Brockway was arrested on suspicion of assaulting the boy on Aug. 3 during a rodeo at the Mineral County Fairgrounds in Superior.
Brockway told police he was wearing a hat when the national anthem began, and he asked him to remove it because it was disrespectful to wear it during the anthem, but the boy replied by saying "f *** you", according to an issued in court.
Brockway said he then grabbed the boy by the neck, lifted him into the air, before hitting the boy in the ground, said in reality.
According to the statement, witnesses confirmed most of Brockway's description of the incident, but one woman said she did not hear him ask the boy to take off his hat.
The child had blood from his ears, a concussion, and
He was taken to Sacred Heart Children's Hospital in Spokane, Washington, according to the document.
"Dude came up and grabbed him, picked him up and threw him to the ground head first," Keeler told KPAX.
"There was no exchange ̵
Probation refers to 2011 violation sentence
Brockway was sentenced to arbitration in 2011 – and received a suspended 10-year prison sentence – after being convicted of assault with a weapon.
In that case, a prosecutor claimed that Brockway had produced a gun and threatened to shoot three people during a traffic dispute on a narrow road in Mineral County in September 2010, according to court documents.
Brockway was placed under supervised probation after that conviction, but a request to terminate supervision was later granted in court.
During Wednesday's hearing, Larson said he reinstated that oversight, resulting in GPS monitoring, which Brockway is now the subject of.
What his lawyer says about the rodeo incident
Referring to times the president has spoken out against athletes and others who kneel or protest during the national anthem and when he suggested any jail time or loss of citizenship to burn the American flag, Jasper said, "Curt literally takes it and views the president as the master and when he sees it happening he feels he has to do something about it. "
Jasper said that Brockway expressed regret that the child was injured.
"He told me" I guess I was stirring up because he was hurt. But I'm a patriot, "Jasper said.
Jasper said he intends to present his client's neuropsychological evaluation to the court." Curt says he received an order from (the) manager to make sure people are patriotic, " Jasper said.
The maximum sentence for felony assault of a minor, according to a charge document, is five years in prison and a $ 50,000 fine.
CNN's Chris Boyette contributed to this story.