Man hit by gas round in viral video now faces charges for aggravated assault on police

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The man who got hit by a gas round during an anti-Trump rally has been arrested, according to police. (Source: 3TV/CBS 5) The man who got hit by a gas round during an anti-Trump rally has been arrested, according to police. (Source: 3TV/CBS 5)
Joshua Stuart Cobin. (Source: Maricopa County Sheriff's Office) Joshua Stuart Cobin. (Source: Maricopa County Sheriff's Office)
The man didn't want us to use his name during an interview on Wednesday. (Source: 3TV/CBS 5) The man didn't want us to use his name during an interview on Wednesday. (Source: 3TV/CBS 5)
He spent Tuesday night in the emergency room for inhaling pepper spray and second-degree burns from picking up a hot can of tear gas. (Source: 3TV/CBS 5) He spent Tuesday night in the emergency room for inhaling pepper spray and second-degree burns from picking up a hot can of tear gas. (Source: 3TV/CBS 5)
A nonlethal round hit him in the pelvic area and he went straight to the ground. (Source: 3TV/CBS 5) A nonlethal round hit him in the pelvic area and he went straight to the ground. (Source: 3TV/CBS 5)
PHOENIX (3TV/CBS 5) -

The man seen in the 3TV/CBS 5 video getting hit with a non-lethal round after kicking a gas canister at officers was booked into jail Thursday night on four criminal charges, Phoenix police announced.

[VIDEO: Perp walk: Man who was hit by nonlethal round during rally]

[RAW VIDEO: Josh Cobin’s initial court appearance]

Joshua Stuart Cobin, 29, from Scottsdale, was booked on three felony counts of aggravated assault on police and one misdemeanor count of unlawful assembly. 

According to Cobin's court documents, police state that he after he tried to kick the smoking canister at police, he it up and threw it at them.

Police go on to say in the documents that he later picked up a second smoking canister and threw that one at police as well, hence the three charges of aggravated assault.

[READ MORE: Protester hit by gas round talks about his exchange with Phoenix police]

Cobin identified himself as the man seen on a now-viral video kicking a can of tear gas back at police officers during Tuesday night's protests of President Donald Trump. Seconds later, an officer hit Cobin with a non-lethal gas round in the pelvic area, dropping him to the ground.

Another man in a Colin Kaepernick jersey helped Cobin out of the line of fire.

Cobin defended his actions in an interview Wednesday.

[BOOKING PHOTO: Joshua Stuart Cobin]

"I don't equate kicking or putting back tear gas canisters as attacking police. I never attacked a police officer," he said.

He said he kicked the canister because he felt officers were not justified in their response to Tuesday's protests. Phoenix police have said they broke up the demonstration with tear gas and pepper balls after some people in the crowd threw rocks, bottles and other objects at them.

[RELATED: Phoenix PD release more details on protests, arrests outside Trump's rally in Phoenix]

"That was not an unlawful assembly and that I had every right to be there. And that tear gas was in the way of myself and every other peacefully assembled protesters being there," he said.

The sales and support representative at Go Daddy spent Tuesday night in the emergency room. He said he got treatment for inhaling pepper spray and for second-degree burns on his right hand from picking up a hot can of tear gas.

[RELATED: Activists: Police were aggressive, violent after Trump rally]

We talked to an attorney on Wednesday night who said the protester seen on video would likely not face any legal trouble for kicking the tear gas back at police since it would be tough to prove he tried to hurt an officer. In the interview, Cobin said he didn't intend to hurt anyone.

Police, apparently, have a different interpretation.

"He has posted images and admissions to his crime on social and local media outlets," wrote Phoenix police spokesman Sgt. Jonathan Howard in an email announcing the arrest.

[RAW VIDEO: Police, mayor talk about post-rally violence]

[PDF: Official arrest report]

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