Last year, 18-year-old Brianna R. Brochu was charged with criminal mischief and second-degree breach of peace after allegedly harassing and rubbing bodily fluids on her roommate’s belongings.

But according to USA TODAY, the former University of Hartford student may have bragged about tainting her African-American roommate’s food, toothbrush and backpack on social media, there is not enough evidence to charge Brochu with a hate crime.

“We don’t have evidence to support that the conduct that Brianna Brochu engaged in was committed to intimidate or harass Miss Rowe because of her perceived race or ethnicity,” Hartford State’s Attorney Gail Hardy said.

Brochu, who reportedly applied for a probation program in Hartford Superior Court on Tuesday that would allow her to partially erase her criminal record, is set to appear in court on Mar. 12 to find out if her application will be accepted.