The PC affidavit is consistent with the video. He escalated routine jostling by by forcefully shoving her with his right hand as she was turning. She raises her hand (to defend herself according to the PC affidavit). He gets all grabby, she uses her knee to shove him (which magically turned into a vicious strike to the balls in this thread) hits him with her left, he hits her with his right. He started it with a shove, escalated it with grabbing, and finished it with a punch, so he gets charged. Simple as that.
The video starts with him approaching the bar and her forcing her way in front of him.
Then, she tries to push him away from the bar with her hip.
When he doesn't move, she puts her left arm on his throat and raises her right arm to strike.
He attempts to restrain her so she can't hit him.
She responds by escalating with a knee to the groin and a punch.
He responds with a punch.
At every step in the video, she escalated the confrontation.
She clearly started the entire thing and wasn't interested in backing down at any point.
It's such a big gray area when you realize that he wasn't in any immediate danger by getting hit from her and she could've been from getting hit him. This is why I was saying they both fucked up. Had he not stuck her (perhaps not even struck her so hard) things would've worked out better. Problem is the law doesn't see things equally in these situations and until something changes (if ever) men should subdue and not retaliate.
The problem isn't that the law doesn't see things equally, but that people are inherently biased and don't see things equally.
Prosecutors have an exceptional amount of leeway in deciding who to charge and who not to charge. That leeway is part of the reason why we see disparities in sentencing for the same crimes.
I think the difference between those two situations is that the person breaking in premeditated the fact that they were going to break it and you as a citizen have the right to defend your life or your loved ones from that type of situation.
The bar thing is much more of a gray area especially when it's opposite sexes because there was no forethought involved in this from either party. It was a simple reaction and regardless of that de'andre realized retaliation wasn't the right thing to do at first as evidenced by him trying to subdue her. I think in the end what got him was adrenaline and lack of impulse control. That flight or fight response won't help when the law sees a male as the aggressor in most altercations. Not saying it's right it's just how it is and hopefully that changes although I'd like to say violence should be a last resort no matter what.
The fact that he tried to subdue her reinforces the idea that he wasn't looking for a fight. He didn't just jump to throwing punches.