The prosecutor argued that the murder of Shepard was premeditated and driven by greed

McKinney’s girlfriend told police that he had been motivated by anti-gay sentiment but later recanted her statement, saying that she had lied because she thought it would help him.

Price said she had lied to police about McKinney having been provoked by an unwanted sexual advance from Shepard, telling TV journalist Elizabeth Vargas, “I don’t think it was a hate crime at all.”[9][37] Rerucha said, “It was a murder that was once again driven by drugs.”[9]

Doesn’t seem to be a hatecrime. Just a crime against someone that happened to be gay.