Would you win? Or would the arrest be for show only because the crime could meet the definition for manslaughter?
Well, in my 25 years we never, ever sought prosecution “for show”. We took it very seriously and that would be the quick path to being fired and disbarred (Fairfax County, VA).
However, the more interesting question, would I win? Of course, any comments I make are 100% based upon what I am getting from news sources and then I am going with what seem to be consensus facts:
TOUGH call. While proving probable cause could be performed by a First Year law student, this is not a slam dunk by any means. I for sure don’t think there is probably cause for First Degree murder. I really doubt even for Second Degree. So, wouldn’t seek a charge on either. While I am pretty confident it is more than a coin toss I’d get a conviction, it isn’t an easy case.
But, as a Prosecutor, the test isn’t “will you win”. The test is probable cause. And while you do have prosecutorial discretion, at least in my old office there’d be no question to charge this one.
As for the potential “hate crime”, I sure don’t see probable cause for that EVEN if he used a racial epithet. That alone is some evidence but not enough. The reason is, that EVERYONE, racist or not, has used racial epithets. And if you say you haven’t, either you live in the closet or are likely lying ... or are Mother Theresa. =)