and you bring a lot of the issues to this OP.
How can this NOT be a hate crime when it starts with white men making racial slurs before an assault?
How is "everyone was intoxicated" relevant? (Leaving aside for the moment that it wasn't true about Mr. Diouf.) Is it ok to hit a woman in the face if she is drunk? What about if she is just a little tipsy? What is next...she was wearing a short skirt and therefore she was "asking" for it?
I have no legal knowledge to add, but I wonder why all of the men can't be charged as instigators/accessories if they "jumped" Mr. Diouf, and "backed him up before one hit his girlfriend"? Isn't that contributing to the assault?
And the very obvious that you pointed out, why was Mr. Diouf allowed to leave driving his car if the cop thought he was intoxicated?
I was also struck by the comment made by Aston Maden who made the video: I think my community has the right to see public violence in Bellingham. I think his use of "my community" is very odd and I wonder what he is referring to, especially given that he appeared to be making that statement as a reason to refuse Mr. Diouf's request that he take the video down.
I am very glad that you included the information about Mr. Diouf. He does seem like a very good person who may have a difficult time over this publicity. A "tawdry incident" indeed where Mr. Diouf and his girlfriend are totally innocent victims.
I do hope at the "investigation" by the cop on the scene isn't the last one done. They deserve justice.