MYRTLE BEACH, S.C. (WBTW)- The Justice Department says it is investigating those shootings of nine people at a black church in Charleston from all angles, including whether it could be a hate crime or domestic terrorism.
If the case becomes a hate crime case, it will be prosecuted by federal officials only. That’s because South Carolina doesn’t have a hate crime law.
“Our state does not have one which looks bad but is also a financial end to it. Prosecuting a case like that would cost us money,” Coastal Carolina University criminology professor Dr. Robert Jenkot said.
As the federal investigation continues experts say proving it was a hate crime adds another burden of proof.
“I think the big difference is a hate crime is more properly known as a bias crime. It’s a crime I commit against somebody else based upon who they are versus stealing your car because I need your car. I steal your car because I hate that your race, religion, age, sexuality. It’s based on that. That’s the motivation is the bias,” Jenko said.
It’s something that’s harder to prove.
“Well you’ve got to prove all the elements of that crime initially and then you also have to prove the motivations was because the person was a protected group,” Charleston attorney Ryan Schwartz said.
And as the investigation moves forward, Dylann Roof’s mental state will also be a factor.
“I think it’s going to be a big part of his defense whether he understood or could understand his actions and the ramifications of what he’s done. He’s given a confession supposedly so that’s going to be very hard to overcome plus there are eye witnesses inside the building,” Jenkot added.
Jenkot says establishing that mindset is hard in these types of cases.
“It’s hard to prove, how do I prove your mental state yesterday, right, and if you have not been seeing psychologist. If you’ve not been receiving treatment, how do we prove yesterday you went nuts,” Jenkot said.
Anything done on the federal level will be separate from any state prosecution. The fact that multiple murders were committed makes the case eligible for the death penalty in the State of South Carolina.
The Associated Press reports a friend has said Roof had made racist statements in recent weeks, including saying that black people were taking over the country and that something needed to be done for the sake of whites.
