There is now "sufficient evidence for a realistic prospect of conviction" of PC Alex MacFarlane, a Crown Prosecution Service review concluded.
Lawyers studied footage appearing to show the officer say to a 21-year-old black man: "The problem with you is you will always be a n*****, yeah?".
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The Hammers moved to the Olympic Stadium in May leaving their old site to be developed for housing.
The first officer shouted "look!" as the drone passed next to the right wing at around 11,000ft above south-east London.
They found a sheepish looking ewe with a traffic cone on her head in the middle of a field.