“Assuming there’s convincing evidence that the kick actually happened the first question is...was it justified.Wearing a burka or being moslem isn’t sufficient reason to inflict physical harm.”
“”It is alleged that when Ms. Khan asked Rhodes what she did to him, he stated, “You did nothing but I am going to kick your [expletive deleted] ass.””
The defendant gave his reasoning.
1. an allegation
2. a potential future event
3. a figure of speech
Does not add up to he kicked her.
OK,assuming that that's an accurate account of the event then it strongly suggests that he *didn't* have just cause to inflict harm.So...guilty on assault and/or battery and maybe other things as well.
But,as I said,not guilty on anything that amounts to a "hate crime".I totally,absolutely reject the moral validity of all "hate crime" laws.