5:50 AM PT -- Scottsdale PD officials just released a statement, saying they have completed their investigation and charged shop owner Gilbert Ortega with 3 counts of disorderly conduct. Police noted that misdemeanor disorderly conduct does not qualify as a hate crime under the FBI's guidelines.
A local Arizona shop owner interrupted an ESPN shoot this week to mock Native American performers -- while yelling, "MAGA country" -- and the whole racist tirade is on video.
Cody Blackbird -- who's of Cherokee/Dakota descent, and was one of the Native American performers hired by ESPN for the Super Bowl promo -- tells TMZ a dude named Gilbert Ortega started taunting the dancers from the front of his jewelry shop Tuesday in downtown Scottsdale.