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ST. CHARLES, Mo. (AP) – An eastern Missouri construction worker is accused of hitting a colleague on the back the head with a shovel during a dispute, causing the victim to fall face-first and unconscious into wet cement.

The St. Louis Post-Dispatch reports St. Charles County prosecutors have charged 46-year-old Kevin Givens of Wright City with felony assault.

Police say the men were laying concrete Tuesday when the victim found mud in his tennis shoes and believed Givens had put it there. Police say the victim dumped the mud into Givens’ lunchbox before co-workers broke up the dispute.

Investigators say that while the victim later was smoothing concrete, Givens whacked him from behind with the shovel, then again when he fell into the concrete.

Online court records don’t show whether Givens has an attorney.