Well, I'll leave you guys to argue over it. But if he does get charged, it will be up to whose "use of force" expert is most convincing in court. As incompetent as this administration's legal team is (Jeanine Pirro, cough, cough), he may end up in jail.
Eberly, I believe she might have been part of a group of citizen observers. If they hear of ICE activity, they go to the area and film what is happening to provide witnesses. I am not sure that has been verified.
I am glad that prediction of rioting as a response to this have been inaccurate.