Woman allegedly beaten in bar fight and advocates claim officials downplayed her case

A woman, who identifies as Black and Indigenous, says she was beaten in an attack and is calling for felony charges against the two white men who allegedly assaulted her as advocates say the district attorney's office decision raises questions of racial discrimination.

Michelle Folson, 40, was left with severe injuries after the alleged assault in September at Rustic Bar in Duluth, Minnesota, that was captured on surveillance video.

Her injuries included a possible facial fracture, missing hair, significant blood loss, and lacerations to the head, according to police reports obtained by ABC News. The alleged assault happened after Folson was involved in a physical altercation with one of the men's wives, according to witness accounts cited in a police report.

Folson says she had multiple shots of liquor before the incident and told investigators she did not remember the reason for the altercation or the attack itself. But witnesses told investigators that after the men tried to break up the fight, Folson was grabbed by the throat and kicked.

The two alleged attackers, Mylon Griak, 56, and Scott Rabold, 41, were charged in October with fifth-degree misdemeanors for simple assault, which carries a maximum penalty of up to 90 days in jail and/or a $1000 fine, according to the Minnesota Legislature. They have entered not guilty pleas.

"When you kick and stomp on someone's head --- like what are the results that you expect from that," Folson told ABC News in a recent interview. "What were they trying to do to me?"

According to the police report, Griak's lawyer told police that Folson attacked Griak's wife without provocation. She said when Folson and Griak's wife began chatting, Folson, who is part Native American, thought Griak's wife was too. When Griak's wife stated she was not and introduced Folson to her husband Mylon Griak, the lawyer said Folson became upset that he was white and proceeded to attack his wife.

Griak's lawyer also said Folson should be charged which authorities have declined to do.

Folson told ABC News she believes allegations that she attacked Griak's wife because he is white are completely false.

The St. Louis County Attorney's Office also told ABC News they are limited in what they can say about the cases and charging decisions are being prosecuted by the city of Duluth.

St. Louis County Attorney Kimberly Maki told ABC News in a statement that even though she reviewed a physician's letter that determined Folson's injuries constituted "substantial bodily harm," her office concluded that the incident did not contain any chargeable crimes that rose to felony assault after they completed their investigation.

"Felony assault in the 3rd degree requires proof of substantial bodily harm as defined in Minnesota law," Maki also told ABC News in a statement. "The evidence presented does not support charges at that level."

Community groups in the area say the county attorney's response to the alleged attack is insufficient and claims statistics reflect a pattern of racial discrimination by law enforcement in Duluth and St. Louis County, a region where people of color make up 12.7% of the population, according to the United States Census Bureau.

African American and Native American subjects are about 50% more likely to have force used against them during an arrest, according to the Duluth Police Department. Black people are 11.2% more likely to be pulled over by police even though they make up 2.6% of the population, according to the Duluth News Tribune. Black and Native subjects are also five times more likely to report being the victim of a crime, according to police.

In a statement, the Duluth, Minnesota branch of the NAACP told ABC News that they became involved days after the incident as Folson felt upset that there might be a standstill in the investigation. The police obtained the security video from the bar soon after and showed it to Folson and the president of NAACP Duluth Classie Dudley.

"The Duluth NAACP has been alarmed by the Rustic Bar assault case and the ultimate use of prosecutorial discretion by County Attorney Kim Maki to not hold the assailants accountable, even considering the unnecessary substantial bodily harm that was enacted upon a member of our community," the Duluth NAACP said in a statement.

"Consultation with local counsel, city and police officials, and the state attorney general's office have amplified our concern of undercharging," the statement continued.

Jamey Sharp of the Law Enforcement Accountability Network (LEAN) Duluth, a police watchdog group, told ABC News that the definition of "substantial bodily harm" according to Minnesota law is bodily injury which causes a fracture, involves disfigurement, or impairs the function of any bodily member. He argues since by definition of Minnesota law, "substantial bodily harm" constitutes a third-degree felony, Folson's injuries were enough to substantiate felony charges for the two men.

"This is old news for Black and Brown folks, and particularly Black and Brown women, that when things happen to them, it's their fault," Sharp said, adding that law enforcement in the area has a history of over-policing its communities of color.

The Duluth Police Department did not immediately return ABC News' request for a statement regarding claims of racial discrimination by its force.

"The St. Louis County Attorney's Office works to achieve public safety and healthy communities by providing fair and thoughtful prosecution of crime and vigorous protection of vulnerable individuals," Maki told ABC News in an additional statement. "We make charging decisions based upon the evidence and the law, without fear or favor. We do not make legal decisions based upon community pressure or false and unfounded allegations of racism."

Griak, Rabold, and Rustic Bar did not immediately return ABC News' request for interviews. An attorney for Griak did not respond for comment and a lawyer for Rabold was not immediately available.

The City of Duluth told ABC News that the security footage is not available because it is part of an active investigation.

After Griak and Rabold were indicted with misdemeanors for simple assault, they waived their right to appear in court for arraignment on Nov. 28. Rabold's pre-trial begins Jan. 5, and Griak's starts Jan. 31, according to Duluth court records.