One person has been charged with a hate crime after a group of black teens in Brooklyn, New York beat a husband and wife. The group of at least 10 teenagers allegedly yelled out racial slurs, including, “Get those crackers.”

Trace Gallagher reported that three others were arrested, including a 12-year-old girl. It started when Ronald and Alana Russo were driving along an intersection in Brooklyn. When they had the green light, the group of teens stayed in the street, so Russo honked his horn. That’s when the teens allegedly began punching and kicking the car. When he got out of the car to check the damage, Russo and his wife were beaten.

Tonight on The Kelly File, Judge Andrew Napolitano said to charge the 18-year-old with a hate crime means police believe they can prove to a jury, beyond a reasonable doubt, that the victim was targeted because of race.

He said charging the others with a hate crime will be tricky because the law requires that the victim was selected because of race, and not that a racial slur was simply said during the confrontation.