This isn't "hateful"?

I've always had a problem with "hate crime" laws. It just seems inherently wrong to me to alter the severity of punishment for a crime based on characteristics of the victim. Yes, I know that's not exactly what hate crime laws do and yes, I know that goes on even without specific statutes. Still, while I understand the motivation, I've always felt such laws were a bit icky. Plus, I believe they create a potential backlash against real progress on the "can't we all get along" front. Still, that's just my opinion.

Now, though, it seems that hate crime laws create different punishment based on characteristics of the victim AND the perpetrator. At least that's the message I get from this story in the Huntsville Times. Evidently someone went on a vandalizing spree in the parking lot of a local business the day after the "Day Without Immigrants" march. Not only was it a case of vandalism, but the vast majority (10 of 13) of the vehicles were owned by Hispanic workers. Sound like a "hate crime"? It did to the authorities until they discovered that the perpetrator himself was a Hispanic man:

Ricardo Hernandez, 38, of 3809 Thomas Road, Apt. 13, was charged with felony criminal mischief and possession of a forged instrument, said Capt. Andy Jackson, commander of the north precinct. Jackson said Hernandez had forged resident alien (green card) and Social Security cards.

...

The officer who answered the call from Cinram filled out a supplement form with the criminal mischief reports classifying the incident as a hate crime. But, Jackson said, it did not turn out to be a hate crime.

Jackson said the apparent reason the Hispanic-owned vehicles were vandalized was in retaliation against the owners who went to work on Monday when Hispanic leaders encouraged Hispanics not to go to work.

So this was a case of retaliation against Hispanic workers who did not honor Monday's boycott and the AL hate crime statute provides for additional penalties when the felony is motivated by "the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability." While I may not agree with the notion of extra "hate crime" punishments, how can this NOT be one?