Well, maybe they could give him a few considerations, but they shouldn't be so willing to dismiss every interracial fight as "racist" or "motivated by racism".
If I were to get into a fight with say, someone of another race (for simplicity's sake we'll say African American... hell, I could go with any race really), under today's corrupt judicial system I can almost guarantee that they could sue ME for a "hate' crime, but I couldn't do the same thing, even if he attacks me first. Nor could it be considered outside of the scope of racism.
A lot of people would be screaming for me to get GUILTY of racism even if I hadn't started that fight and were reacting out of self defense, if the other person chose to try and press charges of "hate" crimes.
The current laws concerning "hate" crimes are, um, corrupt and one-sided, IMO. At least enough to exploit it.