Herb Dean isnt a bad ref. The guy wanted to stay on the ground because he knew how hard it was gonna be to get Andre back down. No harm, No foul is what Herb decided. He was gonna stand them up because you cant kick to the face on the ground in UFC...
Thats like someone kicking the other person in the package, and the guy who got kicked saying "Its fine. Im okay".
Unfortunately for my homeboy, he got his face smashed in.