If the jeering patron was much younger than Savage and made a "citizen's arrest" it would be for a misdemeanor, PC 242. However, due to the age of Savage, if he made a citizen's arrest of the other man, he could be making a citizen's arrest for a misdemeanor, PC 242, but also a FELONY, PC 368 (elder abuse). The police could have made an arrest of the patron on probable cause for PC 368. This could come back to haunt them.
4.5. PC 368 elder abuse
Penal Code 368 PC, California's elder abuse law , makes it a crime to willfully or negligently impose unjustifiable physical pain and/or mental suffering on a person who is 65 or older.
If are accused of committing a battery against a victim who is 65 or older, you could be charged with both Penal Code 242 and Penal Code 368.
This offense is a wobbler, carrying a potential state prison sentence of two (2), three (3) or (4) years, and a fine of up to six thousand dollars ($6,000), if it is charged as a felony
Another thing the attorney for Savage could look at is Penal Code 142a.
(a) Any peace officer who has the authority to receive or arrest a person charged with a criminal offense and willfully refuses to receive or arrest that person shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.
> The police could have made an arrest of the patron on probable cause for PC 368
There is that possibility, though not assured by any means
esp. in Marin.
So, when I'm playing rec b'ball and one of those 40-50 year old kids beats up on me on the court...oh, wait...unjustifiable. It's always justifiable to beat up on an opponent, within the rules, of course!