Doesn’t look like the same guy to me. The jawline doesn’t match, the eyebrows don’t match and the hair/hairline/hair part don’t match.
jawline covered by beard. Hair is longer and dirty from being outside for a long period, explaining the curls. Left eyebrow is low on the orbit on the medial portion and thin at the outside margin and right eyebrow is higher in both pictures. Coincidence?
Does not look real?
From 'here'; think this looks exactly like him! His face; cheek planes, eyes; and yes, 'hair'. It is naturally curly and so real 'part line'. When 'this' hair is trimmed; this is exactly what it looks like; can see same drop of longer 'curl' still evident on left of forehead; post trim.
As for 'arrest record'; why are you assuming there was an arrest in this picture. Thousands 'picked up'; not charged. . .just removed; or moved to another location when blocking a roadway etc. . .
OWS would be a 'likely location' for James Holmes; who clearly, wanted/needed some 'stage' attention; as well as his being 'otherwise' disturbed and needing to find 'place' for it; or passage from it.
Sad, and troubling; that there is no place for young men; to experience 'rites of passage'/acknowledgment anymore. Save, of course, for the Military and that derided by Liberals. So, what is left? Religion? That underpinning, well taken care of, for 'young, rising Liberals per their upbringing, anyway.
Safe to say; Holmes has the Liberal 'trademarks'.