Oh.....so, since at one point in this "rally", he wasn't doing anything? Well, the man is obviously a saint. What does this prove? All this paragraph tells me is this jerk was going to get off on a technicality, and the DA dropped the charges. So, since he was behaving at some point.....he couldn't have done it?? Wake up!
Hiding exculpatory evidence is NOT a technicality!