Well, that's an interesting proposition. You can resist arrest as long as you think you're innocent? That would be a strange world. In reality, if a police officer sees you break the law, they can arrest you. They can arrest you for putting your feet up on the subway or riding a bicycle without a bell. As I understand it, they saw him commit the crime so it was 100% a legal arrest. But, I agree with you that the fault here lies with the NYPD. The boys didn't need to get all Ultimate Fighting Championship on that guy.
Sometimes people are charged only with resisting arrest, which is pretty ridiculous.
