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Dylann Roof, charged with murdering nine worshippers at a historic black church in Charleston last month, listens to the proceedings with assistant defense attorney William Maguire during a hearing at the Judicial Center in Charleston

Accused Charleston shooter Dylann Roof will face federal hate crime charges

WASHINGTON — The man accused of slaying of nine black church members in Charleston last month was indicted Wednesday on 33 federal counts, including hate crimes, firearms violations and obstructing the practice of religion, which could include the death penalty.

Attorney General Loretta Lynch announced the federal grand jury indictments of 21-year-old Dylann Roof. The charges have been expected since Roof was arrested following the June 17 shootings at Emanuel African Methodist Episcopal Church in downtown Charleston.

Roof, who is white, appeared in photos waving Confederate flags and burning or desecrating U.S. flags, and purportedly wrote of fomenting racial violence. Survivors told police that he hurled racial insults during the attack.

Prosecutors haven’t said whether they’ll seek the death penalty against Roof.

Federal officials had previously said that the shootings generally meet the legal requirements for a hate crime and that federal charges were likely.

Roof already faces state charges including nine counts of murder.

Hate crime cases are often challenging for the government because it must prove that a defendant was primarily motivated by a victim’s race or religion as opposed to other factors frequently invoked by defense attorneys, such as drug addiction or mental illness.

Last year, a federal appeals court in Ohio overturned hate-crime convictions against Amish men and women accused in beard- and hair-cutting attacks against fellow Amish who were thought to have defied the community leader.

The court held that the jury had received incorrect instructions about how to weigh the role of religion in the attacks and that prosecutors should have had to prove that the assaults wouldn’t have happened but for religious motives.

Kinnard reported from Columbia, South Carolina.

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