Hmm, If you're going to attempt to kick a man in the head, while he is on the ground, with enough force to cause unconsciousness, then such force can also cause great bodily harm and/or death. I think you'll find that the situation needs to be at a lethal force level in order to justify this amount of force being used. One does not just 'kick em in the head' and then fall back on the reason of 'just because'.
I spoke to a police officer and also a prosecutor from the area in question and both agreed that this is a no arrest, no prosecution scenario, and that "lethal force" was not used here and that I was obviously justified in doing what I did, that no explanation beyond what was given was necessary. The prosecutor in particular knows exactly where this incident took place and remembers the conditions at the time. Even if they wanted to attempt to prosecute, it would have been very hard because the complaining witness in this case would probably not show up for court, even if you managed to serve them with a trial subpeona. And even if they did show up, there would be competency and credibility issues. The prosecutor said that in the 1980's President Reagan cut funding for mental health programs, which resulted in mental patients being released and ending up homeless on the streets. He remembers the ATM area in question at the time being a defacto homeless camp, which is true. In addition to the person who grabbed me, there was a camp of 10 or more other homeless people with their shopping carts and dogs. He also said that robberies at ATM machines are common, and that there is a general policy to not prosecute the victim if self defense is involved, like it was in my case. It sends the wrong message (try to rob someone, and if you are injured, then you can prosecute or sue your victim) and the probability of conviction is extremely low.
They both agreed that if a police officer or prosecutor wanted to push it, it was because they are inexperienced in the practical realities of such cases, or they had a separate hidden agenda for pushing the issue and that the supervisor for both would quash it. They both stressed the idea that the standard for conviction is "beyond a reasonable doubt", a very high standard, and they wouldn't waste their time, the court's time or a jury's time with this sort of case.
They also felt that it was an even bigger waste of time to attempt to charge and convict me on something that I didn't do. I didn't kick that guy in the head, so why waste everyone's time with that? What ifs are great if you are an ivory tower academic, but not if you actually are responsible for doing the work of getting a conviction, beyond a reasonable doubt.
You're absolutely right! You're 'joint lock' and the force of your 'slap across the throat with the back of your hand' forced him to the ground. Going to the throat with a strike powerful enough to cause him to stumble and fall down sounds like you're pretty much at lethal force already without even considering your attempt to tap-dance on his head.
If I wanted to have used "lethal force" in that situation, I wouldn't have used the back of my hand and he wouldn't have stumbled flown backwards. Instead, I would have used the hardened and conditioned edge of my knifehand, I would have struck in a different fashion, and he would have collapsed where he was, holding his crushed windpipe.
From what I'm reading it sounds like your lucky you weren't caught on video trying to kick a man in the head while he was on the ground.
Actually I believe we were caught on video. We were at an ATM machine, and I believe there might have been cameras on the outside of the bank as well. They also had my name, because I did use the ATM machine.