It's been stated numerous times in this thread and newspaper accounts that Josh "finished it" by kicking the roommates face in when said roommate was lying on the ground.
You're cool with that and apparently a lot of people on the board are, too. But the law see's it differently.
Didn't know the part about him kicking the guy in the face. That obviously changes things if it's true, he should've stopped well short of that. Just kicking his ass after defending himself would've been plenty.