That's exactly what the Eight Trey Gangsta Crips defendants claimed in the Reginald Denny beating case (they brain-damaged him and nearly killed him) when they went to trial, and their hoe's backed them up and claimed Denny had driven through the intersection spewing "racial epithets". He hadn't done anything of the sort -- the Crips were attacking motorists left and right.
Denny was saved from death only by the intercession of a black minister who stood over him until help arrived.
It appears this is Mr. Martin.
Another similar story:
http://www.sdpolicemuseum.com/Thomas-Riggs.html
Language supposedly used was part of the defense.