Personally, I think the size, sex, and demeanor of the person approaching the car should be relevant to a decision on whether or not to indict. So yes, absent all other facts, I would expect an indictment would be more likely if the person shot was a woman versus a man. Race shouldn't come into play, but the demeanor and appearance of the person should. It goes to whether the shooter had a reasonable fear for their life.If somebody’s in the car, the ignition is on, the foot is on the gas pedal, then they can easily drive away,’ she said. ‘If it was a white, upper-class mother getting out of her car and approaching a car, [and she were shot], do I think there would be an indictment? Yes, there would be. It makes a difference who the victim is.
That said, I personally would have used the best weapon I had available, my vehicle, to get safely out of that situation. I wouldn't use my gun unless I had no other options.
Also, doesn't a "hate crime" have to involve an actual crime? If the shooters actions were not a crime, then does it really matter that he dislikes muslims?