Given that the witnesses' statements contradict each other, it's hard to see how to decide this except to let a jury sort it out. But the defendant seems to have done his bit to escalate things; even according to his girlfriend's statement, he was the first to start yelling, and the first to leave his vehicle to confront the other parties. Given that, I don't see how they could have failed to charge him, even though the driver of the van admitted that he'd been driving very badly, "bobbing and weaving thru traffic." (From the van driver's statement:
http://www.whec.com/whecimages//hasm...-statement.pdf)
Whatever the exact facts of the case, it's a textbook example both of how to provoke a road rage incident, and of how not to behave in one. Plenty of fault to go around, I'd say.