Rochester racial slur video: Police submit investigation to prosecutors
Rochester rallies against woman’s racial slur viral video
A Rochester community gathered on Monday to rally and demand charges against a woman seen using racial slurs in a video that went viral last week.
ROCHESTER, Minn. (FOX 9) - After a video went viral of a woman accused of using a racial slur against a child in Rochester, Minn., a rally was held on Monday as police finished their investigation into the video.
Rochester slur video: Rally held
A rally was held on Monday in Rochester, Minn. after a woman was accused of using a racial slur against a child at a playground in the city.
Rochester racial slur video
What we know:
The video shows a woman holding a child being confronted by the man recording her. The man, speaking out of the camera's view, asks the woman if she called another child at the playground the "N-word."
The woman begins walking away before turning around and calling the man the "N-word" and making an obscene gesture.
"He took my son's stuff," the woman said when the man pressed her.
"So that gives you the right to call the child, 5 years old, a n*****, the ‘N-word?’" the man said.
"If that's what he's gonna act like," the woman said.
Big picture view:
The TikTok clip was posted by user "TizzyEnt" on Thursday with his commentary and has more than 10.5 million views as of Friday.
It has since made waves locally and across the world online. It has also led to fundraising efforts for the family and for the woman who used the slur.
Local perspective:
At a rally on Monday, protesters decried racism in their community and will urge prosecutors to take action.
In a statement on Monday, the Rochester Police Department said it had completed its investigation into the video. They say their findings have been submitted to the Rochester City Attorney's Office for review and consideration of a charging decision.
"RPD takes all reports and allegations seriously and must thoroughly gather information to ensure due process," the police statement says. "We recognize the behavior captured in the video has raised many concerns, and we appreciate the community’s patience during the investigation and moving forward."
It's unclear what crimes prosecutors may be weighing.
Is it illegal to use a racial slur?
Dig deeper:
While unseemly, the use of a racial slur on its own doesn't constitute a crime.
Hate speech is generally protected under the First Amendment. However, if someone commits another crime (like an assault or murder) that is motivated by hate, it can be deemed a hate crime.
"If the suspect is in the process of committing another crime, and calls the victim a derogatory name, it does not automatically mean it is a hate crime," a posting from St. Paul police explains. "If the incident is not found to be a crime - there is often not much enforcement action police can take."
The post continues: "If it is found that there is no directly enforceable action that can be taken by police, this does not mean what happened to you wasn't wrong. You sometimes have the option of bringing a civil cause of action against the suspect, which carries a lower burden of proof than criminal enforcement. The suspect may be liable to the victim for actual damages, punitive damages and reasonable attorney's fees and other incurred costs. You will need to contact a private attorney to start a civil action."
The other side:
Dueling fundraisers have raised hundreds of thousands of dollars on both sides of the incident.
A woman, claiming to be the woman in the video, created a fundraiser asking for donations to help move her family. It has collected more than $660,000.
A separate fundraiser created by the Rochester NAACP to support the boy has also raised more than $341,000. The NAACP has since closed its fundraiser.