A judge in Los Angeles Wednesday declined to move forward with hate crime charges against a man accused of yelling racist insults and assaulting a Filipino American family, reports ABC-CBN.
It happened at a McDonald’s drive-thru in North Hollywood.
Nicholas Weber will still face two counts of battery for the May 2022 incident after he reared ended his vehicle at the drive-thru into the back of the Roque family’s car.
Video of the incident shows a man yelling racially-tinged insults at the Roque family following a traffic collision. He is charged with injuring one of victim’s severely. However, the judge said there was not enough evidence to show the attack was racially motivated.
“The unprovoked assault on members of our community is wrong and will not be tolerated,” District Attorney Gascón said last year in a statement. “Our message against violence and racial hatred must be loud and clear. We will hold accountable the people who commit hate crimes in Los Angeles County.”
The Roque family vowed to fight for justice despite the judge’s decision.
“This is not the end,” said Ysabel Roque to ABS-CBN. “This has just always been the beginning of something.”
“It’s really disappointing how we’ve been treated so far and how the justice system is treating this case when it’s really obvious this is a hate crime,” said Patrick Roque, another family member. “It’s really obvious from the video that it was a hate crime.”
Weber is expected to return to court for his arraignment on May 1.
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