SPOKANE, Wash. – Dale Nagy, Deputy Prosecutor for Spokane County, recently closed the case of 53-year-old Kurt Boerner. Nagy is one of eight major crime prosecutors in the county and acknowledges the complexity of handling hate crime cases like Boerner's.

Nagy said, "You know, trying to understand how people or why people would feel that way about another based on race or religion or sexual orientation. It's it's hard to comprehend that."

Nagy explained that calling someone names or having racist thoughts isn't a hate crime. The evidence is crucial in defining a hate crime.

"Without that, basis for, race or religion or preferences, it would be maybe just a malicious mischief. It might be just a second or third degree assault, but the fact that they're doing it based on their perception

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