This case was investigated not just by the PAPD, but by the FBI they both came up with the same conclusion-there was no hate crime. For those trying to use this case as an example to call for the ousting of Mark Nichols, you are simply going to have to look elsewhere. From the facts as laid out here, it is clear to see that at least one of the kids is probably racist...but (if the story is true) the one that shouted the racist slur did not commit a crime. The one that hit Smith did not shout or say anything racist. Let's be clear-racism is stupid, and ugly. I have NO respect for racist, and do not want them in my life. That being said, being racist is not a crime. If the story (as laid out by Gottleib) are true, then this really is a "Schoolyard fight", and not a hate crime.