From another site:
Originally Posted by NJCardFan
State's Attorney Scott D. Shellenberger said the racial dynamics of the incident – the attackers are black, and the victim is white – could result in hate crime charges.
"We just received this case, and the police department is continuing their investigation," Shellenberger said. "If there is evidence that the crime was racially motivated, we will take a look at those charges and see if we meet those elements. We have the ability, if the facts are there, to upgrade the charges at a later date."
BTW, I didn't know you supported hate crimes legislation.