OK, so it was just murder, why make it a terrorist act? Terrorism is a grossly, vastly overused term now anyhow. Hate crimes as they are currently used in law don't make sense to me.
Intent in a crime always matters, always has and always will. If I'm speeding and hit somebody and kill them it's an unfortunate and negligent act, but far less severe than if I deliberately run somebody over to kill them. We know this innately. But whether I assault you because I hate your skin or assault you because I'm just having a bad day, it hardly matters; either one is as despicable.
The purpose of criminal justice is not only to punish wrongdoing. It is also to protect the public. Hate crimes present a greater danger to the public than common street crimes because they create the possibility of endless retaliation, escalation from lesser to greater violence, broader racial tensions, communities in turmoil, etc.
Similarly with terrorism where it is either organized violence for political reasons or else may spark copycat terrorism by sympathetic lone wolves (like the Fort Hood shooting), and instills terror and fear in the public which can cause economic problems, loss of civil liberties from over-reaction by the state, invasive airport searches, water boarding, warfare, etc.
Similarly with gang-related offenses: cross-retaliations, innocents caught in the cross-fire, etc.
One person shooting another to rob them is one thing. Open warfare in the streets for gang pride, political reasons, race rioting is another. Society has an especially compelling interest in preventing/deterring group on group violence because a civil society simply cannot tolerate it.
The point of the hate crime enhancement isn't necessarily to express a higher degree of moral disapproval for a violent crime with that sort of motive versus another. It's a recognition that not all crimes present the same degree of danger to the public.
- wolf