Cedillo struck Mathews in the forehead with the second rock; Mathews fell and lay unconscious. In this case, the record contains ample evidence to support the Board's finding that Mathews' injuries arose out of an altercation. Since Mathews was several inches taller and 30 pounds heavier than Cedillo, a reasonable man in Cedillo's position might have considered Mathews' acts to be a real, present and apparent threat of bodily harm. Applicant argues that Mathews could not have been the "initial physical aggressor" because he did not "throw the first punch. "Consequently, even if Cedillo used excessive force in repelling Mathews' attack, Mathews was, and remained, the initial physical aggressor.

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