He wouldn't be convicted of assault for what he did anywhere, ever. He shoved the guy. He didn't punch him repeatedly in the head.[/quote]
He could be charged with battery and almost definitely with assault as well, so what you're saying is just wrong.
These situations are ultimately tragic but are an interesting Rorschach test for most. As far as I'm concerned, if, and it's a big if at this point, the fan used a racial slur that is totally unacceptable and he should be punished accordingly by Texas Tech. However, that doesn't excuse what Smart did. Does it explain it and somewhat mitigate his actions? Sure. If this were an exchange between a racist and a black man randomly on the street, would I be ok with Smart's response? Absolutely, and I'd think the racist got off easy. However, Smart is a college basketball player. In the setting he was in, representing his school and his team, he can't act like he did. It's fundamentally wrong for a player to attack a fan regardless of the circumstances. When you're wearing the jersey, you have to walk away or, if you're going to act, you need to realize there will be severe consequences. Just my two cents