Massachusetts Appeals Court September 22, 1998, No. 97-P-1477 (Commonwealth v. Barnette)

Lenk, J.

This case arises out of an altercation between next door neighbors in Lexington. The victims, Maria Acuna and her son Israel Rodriguez, are Mexican-American. The defendant is predominately African-American. During the incident, the *487defendant allegedly threatened to kill Acuna and Rodriguez, calling them, among other things, “damn Mexicans” and telling them to “Get out of here.