WARNING: The video above may be hard to watch for some people. 

FREMONT, Calif. (KRON) – The Alameda County District Attorney announced today that she will be adding additional charges to a 2021 attempted murder case. The man is already in jail accused of trying to run over a person with his car. Now, the DA is saying her office has evidence that it was a hate crime.

Alameda County District Attorney Pamela Price says the victim is still severely injured but lucky to be alive after he was run over by a car six times. Fremont police released video of the incident, which you can watch above.

The incident happened on Dec. 6, 2021, in a parking lot on Fremont Boulevard in Fremont. Price says she has been reviewing old cases including this one, where she says Aqweel Akbar Khan attempted to murder a 45-year-old African-American man with a car.

“We believe, based on the evidence, that Mr. Brown’s assault was also racially motivated and a hate crime under California law, and that it should have been charged as such by my predecessor. She did not do so but we are here to right a great wrong,” Price said. 

The DA says the victim reported Khan had tried to run him over in the past while yelling a racial slur at him. The victim also suspected Khan vandalized his vehicle with racist slurs.

“The message that we have for the residents of Alameda County is that hate crimes will not be tolerated in this county regardless of your ethnicity or your zip code,” Price said.

Former prosecutor and private attorney Michael Cardoza says a DA can go back and amend their predecessor’s cases, but it’s not common.

“I haven’t seen that happen in my 40 years and I was in three different district attorney’s offices,” he said.

If Khan is found guilty, it will add to his sentence.

“So in this particular case, assuming he was found guilty, or he pleads, then he would be doing three more years because of the hate crime allegation or actual crime,” Cardoza said. 

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Khan has been charged with a hate crime for a prior incident involving a woman on August 26, 2021. It also happened in Fremont, near Lake Elizabeth.

Prosecutors say Khan cursed at the woman, made comments about her speaking in Hindi, then punched her several times, causing her to fall to the ground and lose consciousness.

Khan was supposed to have a pretrial hearing Tuesday, but it was moved to April 14. The DA is planning to have the hate charge added by that date.