Yes the witnesses will have the final say in this. The Police wont be allowed to lie their way out of this one. Too many witnesses around.
Well first of all I can assure you that when it goes to trial there will be several cops who will claim to be witnesses that will testify that he was resisting. Now this will be a total lie, of course, but that's how Arizona cops work.
Secondly, and I found this out the hard way, there's this law in Arizona that says essentially that if a cops "feels threatened" he may arrest with force. Now how I discovered that lovely law was because I didn't come to a complete stop at a stop sign, the cop stood there
forever reading me the riot act, bitching at me like I had just raped his daughter, and finally I said something like "look, just give me my ticket so I can get to work and save the attitude for the rapists and murders." He pulled me out of the car, on went the cuffs, "accidentally" bounced my head off the door frame as he put me in the squad car, and off to the station we went. I was not resisting although I passionately stated the degree to which it was total bullshit.
On the stand he testified that I was threatening him with physical violence and I got to enjoy six months of anger management classes. The ******* cop grinned at me like the cat that got the canary on the way out of the courtroom too. I learned later that that kind of shit is run of the mill in Arizona and I am damned lucky I wasn't charged with assaulting a police officer which they can do for verbal statement.
I won't say this about other states police because I have never had any run-ins with them, but Arizona cops........they're thugs and that's all there is to it.