If the kid is smart he will continue playing dumb. All they have on him is having a banana while walking.

I'm also not familiar with Virginia law but hate crimes are suppose to be crimes that have been committed out of hate, presumably do to some form of racism or phobia. They still have to be a crime to count, a banana in the doorway is not a crime. At most you can see it as the equivalent of swearing or showing someone the finger, I assume those are not against the law.