The man is so foolish, he admitted on live camera, with an audio and video recording, that he meant to only "kick her phone." Is the guy so stupid that he doesn't understand that, in the eyes of the law, that either kicking her phone or her face are both assault? Is he so stupid that he does not realize that she will have all the evidence she will need to sue him for damages and pain/suffering? The answer is: Yes! He is that foolish. They often get so enraged in emotion, instead of considering a matter, especially when they are unable to calmly reason about the subject at hand, that they will do near-unbelievably stupid things.