This is absolutely not legal advice because I’m not a lawyer, and it probably wouldn’t be applicable in this particular situation anyway.
But there is a provision in the law (in a couple of the states I have lived in anyway) that is called “If not but for”, I don’t think it works in criminal cases. It’s more of a civil thing.
If not but for him saying the N-word and refusing to leave, nobody would have kicked his ass.
Again, probably not applicable in criminal cases, but an adult is supposed to attempt to mitigate the damages . . . if you can leave the place you were told to leave & that would make the assault stop, you LEAVE.
But also HOW IS THIS A HATE CRIME?? Because he was being hateful and he refused to leave and people beat him for it? Unless they mean they were going to arrest him for a hate crime, then I’m OK with that.
