"I'll f- you in the ass even though you are a N*****"
What is there to debate in the above? And to answer the question at hand, the prosecutor could have charged the punk under Idaho's malicious harassment statute (link below). Would a conviction have occurred? Doubtful but it would have at least showed that they tried and gotten more unwanted publicity for the perpetrator, who probably would have ratted on his buddies if charged.
So perhaps I went a little far in calling justin a racist POS. So what? His seeming defense of the punk and the "unidentified" punks pissed me off. And no I was not drunk at the time. Enough said.
legislature.idaho.gov