Did he intend to hit? Hurling a shoe is an insult but does the insult include actually trying to hit the target? If traditionally one does not mean to make contact, then it really isn't assault is it? It is just an insult. And even if it was assault it was hardly likely to do any damage. I think it is really lame to make an example of this poor man.

Was it just a rumour or did a student who heckled Dubya Jr. early in his first term get arrested? Supposedly happened at a uni in Texas. What happened with that?