Julian said the man glared before "maliciously expelling a large amount of saliva" onto a carpet in the courthouse hallway. Earlier in the day, the judge found Malone guilty of failing to obey a stop sign in September. He was ordered to pay a $75 fine.

Malone said he is innocent of the traffic violation and suggested the judge should show mercy because it was Christmas Eve. Julian told Malone there was no excuse for his behavior. Malone was released from jail on Friday.