What Makes A Crime More Of A Crime?

A couple days ago, I ran across the story of three black soldiers accused of killing a white soldier. Following is a quote that appeared in the USA Today story on the incident:

Matthew Barnes, a soldier who was holding Geike in his arms when he died, told KIRO-TV that someone in the car had yelled "cracker" and "white" at the soldiers numerous times.
"I yelled back, 'So this is how we treat combat veterans now?' But we weren't looking for trouble, and trouble found us anyway," Barnes said. "And when police find them, I hope to God we get justice."

You can read the rest of the USA Today story here.

The story I first read is here.

The following quote is from the NY Daily News. 

"Where's the outrage?" Turnipseed said. "If this had been the other way around — black victims — then this would have been a hate crime."
Lindquist said the facts didn’t support a hate crime charge. Two of Hill’s accused accomplices told investigators race wasn’t a factor and Geike’s friends said there weren’t any more slurs after the initial heckling, Lindquist said.

Police also said that race wasn't an issue, but didn't elaborate.

I'd like to hear some elaboration.

When I originally viewed the story, it stated that the attack was being viewed as a possible hate crime. When I went back to it several hours later, it had been updated to state that, while investigators would not explain why, it appeared that race was not a motivating factor. Apparently, on the word of the murderer's accomplices, coupled with the fact that the other party involved stated that the slurs ended before the stabbing occurred, it is determined that this is somehow not to be tried as a hate crime. Would he have had to have been calling him a cracker WHILE he was stabbing him for it to qualify? Does this mean, while during the commission of a so called hate crime, if a white person were not calling someone a nigger or spic or fag WHILE they were doing it, their crime should not have been classified as a hate crime and their sentences reduced or their convictions overturned? Does anyone else think this has devolved into utter ridiculousness? Is this how hate crime laws in our country are to be applied now? A hate crime is only a hate crime if its a white person committing it against some other minority? Am I asking too many questions that so called smart people can't answer rationally?

Hate crime laws began in the United States in 1968 with the adoption of the Civil Rights Act, which allows federal prosecution of anyone who "willingly injures, intimidates or interferes with another person, or attempts to do so, by force because of the other person's race, color, religion or national origin". These basic qualifiers have been amended to include gender, sexual orientation, gender identity, and homelessness. These are all feel good laws meant to protect "minorities" from undue aggression from the "majority". The problem comes in its application...these laws are not applied equitably, as evidenced in this recent case. Hate crime charges should obviously be pursued in this case, but are not. Is it any wonder then, that this inequity of application further widens the racial divide in this nation? Is that the goal? If these laws are going to be on the books they should be applied evenly, across the board. If they are not, those involved in this investigation should themselves be investigated to determine why these laws are being willfully misapplied.

I personally do not condone hate laws, as motive does not make a crime MORE of a crime. That being said, they are now the law of the land. If they are to be so, then they should be applied more judiciously, in EVERY applicable case. Justice is supposed to be blind. With these kinds of laws being misapplied, the blindfold has been ripped off and the scales thrown out...leaving justice in the hands of thieves.

Update: 10/23/2013

This video highlights the hypocrisy with which hate crime laws are prosecuted in this country.

 Jeremiah Hill is being charged with first-degree murder; Cedarium Johnson and Ajoni Runnion-Bareford are being charged with rendering criminal assistance after helping dispose of the murder weapon. Johnson was released without bail; no mention was made of the driver or other passenger.