Good question. I'm guessing a citizen wouldn't have a buddy/partner with the same perceived credibility for his/her witness statements to carry enough weight with investigators. So I'm guessing the citizen would end up charged with battery.Just out of couriosity, as we weren’t there and most likely counldn’t see everything the officer saw that night, I would like to know if a citizen had responded in kind under the same circumstances would they have been cleared too or charged with battery?
Obviously, there is a whole lot of “how” your side of the story gets “articulated” to justify your actions as well as physical eveidence and eyewitness accounts... Whether or not your story is believed and supported is another issue.
I'm not an LEO but if you're asking about LEO in the OP linked article, I think "legal" isn't the correct question. The question was probably more along the lines of "was the officer justified in his actions against the man who got in his face, or not?" The video alone doesn't tell the whole story and rarely does! Apparently the authorities determined, after reviewing all the evidence, that the officer was justified and cleared him of any wrong doing.So as a layman non leo how was what that officer did, legal?