A prosecutor in northern Idaho has decided not to bring hate crime charges against an 18-year-old accused of shouting a racist slur at members of the Utah women’s basketball team during the NCAA Tournament. The decision was based on the lack of evidence suggesting that the man was threatening physical harm to the women or their property, thus falling under First Amendment protection.
The incident occurred when the basketball team was staying at a Coeur d'Alene hotel in March. As the team members were walking from the hotel to a restaurant, a truck drove up, and the driver yelled a racist slur at the group. The same driver returned later, accompanied by others, revving their engines and yelling again at the players, causing distress among the team members.
Despite the disturbing nature of the encounters, the prosecutor stated that the conduct did not meet the criteria for criminal prosecution under Idaho law. The police conducted interviews with witnesses and reviewed surveillance footage but found inconsistencies in the descriptions of the vehicle and the person responsible for the slur.
While one of the occupants of a silver passenger vehicle involved in the second encounter confessed to shouting the slur, prosecutors determined that there was insufficient evidence to support charges of malicious harassment, disorderly conduct, or disturbing the peace.
Idaho’s hate crime law requires intent to threaten or cause physical harm for racial harassment to be considered a crime. The man responsible claimed he made the statement as a joke, which, while deemed abhorrent, did not demonstrate the specific intent required for prosecution.
Although the prosecutor condemned the racist and misogynistic statement, current laws did not provide a basis for criminal prosecution in this case. The incident has sparked outrage and highlighted the need for continued efforts to address hate speech and discrimination.
