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A man attacked a Latino father and son outside a Utah tire shop. Because of ‘shortcoming’ in state code, prosecutors can’t consider it a hate crime.

A man accused of beating a Latino father and son outside their Salt Lake City tire shop while yelling about how he wanted to kill a Mexican was charged Friday — but he does not face any enhancements for a hate crime.

“Although we want to pat ourselves on the back and say we have a hate crime statute, it’s really not enforceable,” said Salt Lake County District Attorney Sim Gill, whose office made the determination on how to prosecute the case.

Alan Dale Covington, 50, faces two felony counts of aggravated assault, as well as three weapon and drug charges.