Notice the lack of hate crime.
Anyway, there are other cases where people got the standard knee-on-neck treatment around 5 minutes longer than him, and without being black. One also died at the hospital, and the other was a 14 yo boy who wasn't physically effected.
I guess you'll need at least a first degree murder charge to claim hate-crime here, and he got a second and third degree according to Wikipedia. But "Homicide" makes it quite interesting in its vagueness, so perhaps Wiki is untrue on this as well...