Evidence to Convict?

[RoadRunner79]

Yes, there are times where people get away with something because of lack of evidence (despite some peoples protest that this was an impossible aspect of the scenario). And it is interesting, that apart from the video which they failed to collect, you don't think the testimony of the one who called the police would have made any difference.  Even if thirty people had witnessed and attested on your behalf, that it could not be objectively assessed, and useless towards your case.

Keep in mind, that I'm giving you the benefit of the doubt, based on just one testimony which only briefly described the event.  

Correct. In the case I described, not only would the passerby's testimony have been unsupportive, but so would mine as an earwitness - absent any other evidence. That the police never bothered to take either of our statements at all is one point of the issue we're contesting. I know Shell and I know that bastard, and I know what he's done in the past. The police don't, at least at this level.

Okay. You were one of the attending officers. You see one young woman in pain and distress, with bruising apparent. She says she's been assaulted. You see an older man with three friends, all swearing that it was reasonable force, self-defence etc. You personally know none of these people. Who is telling the truth?

Ok... if the passerby testimony would be unsupportive (assuming that they can relate some useful detail of the altercation) Why would you be contesting that they didn't take your statements?  Other than the video, I wouldn't think that physical evidence is going to necessarily tell you who started it or what had occurred, only the result of the altercation.

And I agree, as an independent, with three against two, and conflicting testimony, you can't really make an informed decision in this.  I would also think that an independent party (or preferably more than one), that can support one side or the other, would be quite useful.  If we are not taking testimony into account, then for all I know, you could have injured Shelly, or it could have been from something totally unrelated.  The older man and his friends could have been trying to help.  However given  even the disparate testimonies, I don't think that such wild speculation of possibilities is justified based on the evidence.  I think that even though they may lead to different conclusions, we can ascertain some from the two groups accounts.