At what point did Nelson know IK was unconscious? Before or after kicking? Does a man down prohibit a defensive strike if there is no knowledge about his condition? And, didn't Nelson have to go through people to get to the unconscious attacker? And, how much time does Nelson need to assess if he should or shouldn't counter attack in the 6 seconds from being hit to kicking the attacker? I think the ambiguity here requires a little leeway in allowing a defense. 2 am, after drinking, after getting hit, after being in an argument and leaving, was Nelson a little silly for turning his back and walking away prior to the fight? Or, was his head on right for heading away from the area before the fight? I think his state of mind was not to further exacerbate the situation. That the timeframe just prior to the fight, Nelson was already in retreat. He was leaving. The fight was brought to him and being how late in the evening and having consumed alcohol, I'm inclined to give Nelson's defense a little leeway. The existence of a threat may well be unknown to Nelson in the course of having had to go around the melee of people after having been hit and the shock and adrenaline that resulted.
I keep reading the whole thing took about 6 seconds on the tape, beginning to end. To me, that allows for doubt as to any premeditation on Nelson's part. I can not read minds. I don't know about the correlation of people to commit to any course of action in this situation. I don't know what is causative here on any of the facts. Therefore, I am erring on the side of caution. I don't think the condition of IK should dictate prosecution.
The only thing I can agree with everybody on is how tragic the situation resulted for IK.
The kick to the head seems simple and punitive. But, on examination of the circumstances, I believe there is a chance that it also could be viewed as a defensive opportunity, no matter how small the chance, it is possible. And, the fact that the blows were not ongoing clearly shows restraint and the intention of a judicious response.
I give my permission for one and all to correct any errors and omissions I may have in regard to the facts and counterpoints you may make. I am not committed to this viewpoint, whatsoever.