Bandwagonbo2
2nd amendment supporter
You are perfectly illustrating the point. The perception of what crimes are "hate crimes" is subjective. The fact that fewer are "reported" in certain regions of the country does not mean they don't happen, only that they are not perceived to be such where they probably would be in other regions.
And i wont argue that the states themselves have differences, but if the FBI gets a hold of the case(which both you pointed out they did) and they still have found no "hate crime" status under their criteria, which is the same across the board for that organization. They can recommend the states pursue a hate crime if it warrants it due to their investigation.
Sadly we are talking about two cases that dont have a clear definition of "hate crime". The one has kids who had been drinking and smoking pot all night and did something stupid. Only one in the car mentioned he could tell it was a black man before they hit him, but did not say how far back from the man he knew it. at some point at that speed it was inevitable they were going to impact him whether he was black, white or green, so knowing what color he was only plays in if it was far enough back to miss him. No one in the case has said the driver has a history of racism nor does it mention if he has a criminal past. If he doesnt and they cant prove beyond a shadow of a doubt it was racist motivated, then hate crime doesnt fit and cannot be proven.
In the other case we dont know enough to make a judgement on this being about him being gay solely, we only have the victims family to rightfully claim this since they are hurt and want answers. This could easily be a crime of passion since the injuries and extent of them is consistent with a crime of passion. Jilted lover could fit and until you have concrete proof it was due to him being gay, you cannot charge a hate crime.