The problem with hate crimes

Via Ace, there's a story about some kids who committed an unmistakable act of anti-Semitism:

Sometime during the night the Menorah, which is approximately eight feet in height and constructed out of PVC pipe, was reconfigured into a swastika.

And yet these suspects are only being charged with trespassing and vandalism...for some reason.  How does the AG know that these suspects didn't hate Jews and committed this crime out of pure malice?  There must be some method.