you're wrong on almost every point. first, you cannot attack a trespasser. you need to have law enforcement "trespass" them off the property. a no-trespass order will be entered, and if they subsequently violate that order (usually it is an order for one year, that can be renewed upon a showing of good cause) they can then be arrested, but you still do not have the authority to use physical force against them. i know it sucks, but that's the law in almost all states. what fuentes appears to have done is open-and-shut assault and battery, with enhancement for a chemical weapon, so he's fucked.
United States