Why not a hate crime and a civil rights violation? Pursue in civil court for damages.
“This case began one year ago, on November 4, 2018, when Sparks peacefully carried a sign reading “Jobs Not Mobs, Vote Republican this Tuesday” on 4th Avenue in Tucson. Brito came up from behind Sparks and proceeded to physically assault him including grabbing his red MAGA hat. Brito walked away from the scene as Sparks lay on the street screaming in pain, with his foot dangling from his ankle which was broken in 4 places.
Brito then returned and resumed his physical attack again, hurling crude insults including but not limited to, calling Sparks a NAZI and other foul, disgusting names. Brito carried on kicking and punching as Sparks was on the ground.”
Shame something should befall this clown some evening when he is not in a group.