Final answer:
Kensington's act of thrusting his fist to Da'Quan's face and then laughing and walking away could potentially constitute assault if Da'Quan reasonably believed he was about to be hit. The context of a basketball game and Kensington's laughter, however, may influence the interpretation of his intent and the reasonableness of Da'Quan's apprehension.
Step-by-step explanation:
The question asks whether Kensington is liable for assault during a pick-up basketball game after an incident where he made a gesture of punching towards Da'Quan that did not result in physical contact. Assault in a legal context generally refers to an act that creates a reasonable apprehension of an imminent harmful or offensive contact in the mind of the victim. The fact that Kensington stopped his fist an inch away from Da'Quan's face and then walked away laughing indicates that no physical harm was intended or inflicted.
For Kensington to be liable for assault, Da’Quan must have reasonably believed that he was about to be physically hit. The description of Da'Quan leaping backward and covering his face suggests that he did experience such a fear. Kensington's actions, although not resulting in physical contact, had the immediate capacity to induce fear or apprehension in Da'Quan, therefore, it could potentially be considered an assault.
However, it's important to note that contexts such as a basketball game, where physical interactions are more commonplace, could influence the interpretation of Kensington's intent and the reasonableness of Da'Quan's reaction. Moreover, since Kensington laughed and walked away, it might indicate his action was in jest and not meant as a serious threat, which the court may take into consideration.