The pro-gay marriage protester who was video taped being punched and kicked by Kern High School District Board of Trustees member Ken Mettler has decided to pursue charges.

Robert Badewitz was protesting Friday night at a rally against Proposition 8 when the incident occurred.

Badewitz said Monday that he has a cut on his face from the incident and plans to file a complaint against Mettler, who is also the Kern County chairman for the Yes on Proposition 8 campaign and president of the Bakersfield Chapter of the California Republican Assembly.

Mettler said over the weekend that he was on his way to dinner when he saw altered Prop. 8 signs being used in the gay-marriage rally. The "Yes on Prop. 8" signs had been altered to read "No on Prop. 8."

Mettler was jeered by the crowd as he collected the altered signs. The video, which was recorded by another protester, shows Mettler appearing to punch and kick Badewitz.

"I just feel that he should be brought to justice," Badewitz said. "Everyone should be accountable for their actions."

Mettler said on Saturday that he was acting in self-defense. He said he was accosted and pushed into oncoming traffic.

"I was assaulted," Mettler said. "A fellow threw a punch at me. He missed, and I did hit him."

Mettler has declined comment since Badewitz announced his desire to pursue charges.

Both Mettler and Badewitz originally decided not to pursue charges and no arrests have been made. Bakersfield Police officials said the incident is still being investigated, and the case will be forwarded to the district attorney's office after the investigation wraps.

Badewitz said Tuesday that he also plans to file a civil lawsuit against Mettler in the future.

Officials with the Kern High School District said Monday that they don't plan to take action against Mettler because he wasn't representing the district during the incident Friday night.

If approved by California voters on Nov. 4, Prop. 8 would overturn a state Supreme Court ruling that legalized same-sex marriages by changing the state constitution to limit marriage to a man and a woman.