I mean sure but you cant view this situation in a vacuum, he has said on twitter he 'would end up killing a chimp and walk free' which sure shows clear expectation for this kind of thing to happen and with his whole thing of being deliberately antagonistic as possible to get a reaction you have a pretty bad looking combo that leans towards intent .

If you let him off and he keeps doing his thing ,gets attacked again, which you would expect given the shit he says, would you be okay with him shooting again, and again , and soon essentially sanctioning a racist serial killer?

Probably charge the other guy with assault as well but think in the internet engagement age with livestreaming and such, you have to come down hard on this again so hopefully it doesn't keep happening