Attorneys share differing opinions on whether woman in viral racial slur video should be charged

NAACP calls for justice and accountability following viral video

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(ABC 6 News) – Members of the Rochester branch of the National Association for the Advancement of Colored People (NAACP) said they want Shiloh Hendrix prosecuted after she said a racial slur to a young Black boy and cameraman.

Walé Elegbede, Rochester NAACP president, said he was angry to see the Hendrix’s behavior play out in his community.

“I am pissed off, you know there’s a lot of anger, righteous anger to this. Not just for me but for everybody,” Elegbede said.

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It’s that anger that’s pushed those with the NAACP to demand Shiloh Hendrix be held accountable. But whether criminal charges can actually happen depends on who you ask. Michael Schatz from Schatz law firm thinks it’s unlikely.

“I think the prosecutor is going to have a bit of a tough time getting past first amendment issues, constitutional challenges,” Schatz said.

But his colleague Bill Murray thinks it’s a case that could stick.

“The charges that would be brought by the city’s attorney’s office here would be based on personally abusive epithets that are inherently likely to produce violent reaction,” Murray said.

In other words, Hendrix’s words alone are not sufficient probable cause, according to Murray, rather the words in combination with Hendrix’s alleged behavior could be.

RELATED: Rochester police conclude racial slurs investigation

“It’s being personally directed toward a child in an aggressive manner by an adult woman,” Murray said.

At the NAACP’s town hall, members of the community are demanding people stand up against racism.

“If you see something going on, you got to point something out, you got to do something because if you expect someone else to do it, it never gets done,” Joseph Phillips said.

Phillips is referring to the bystander effect and he, along with those calling for justice, say it must be eliminated.