Tempe police will not resubmit felony charges against a woman who was punched in the face by an officer after being accused of resisting arrest.
She does, however, face misdemeanor charges submitted to the Tempe City Court consisting of assault, resisting arrest, disorderly conduct and obstruction.
Eryn Bonner, 21, was involved in a late-night brawl July 19 with police after a man she was with attacked another person standing on the curb outside CASA on Mill Avenue. Another friend tried to pull the first man off the person when police arrived 10 seconds later, video showed. The two unidentified men were pulled to the ground by officers, and Bonner tried to pull police off the second man, whom she claimed had nothing to do with the fight.
Police
yelled at her to "get back," body camera video showed. Bonner continued trying to get officers off her friend when an unidentified officer pushed her to the ground twice before attempting to restrain her. During the attempt, they fell over the bike and the officer punched her in the face as she "flailed," yelled "profanities at police," and refused to follow commands, according to court records.
Bonner initially faced two felony charges related to the incident, but the Maricopa County Attorney's Office declined to prosecute.
Tempe police in an emailed statement said the department does "not intend to resubmit previously declined charges to the Maricopa County Attorney's Office." Instead, Tempe police submitted misdemeanor charges to the Tempe City Court the week of July 27.
In an email, Erin Pellet, a spokesperson for the county attorney's office, said misdemeanor charges would be handled by the city prosecutor. Pellet added that the felony case has "not been resubmitted, and as of now, we do not expect it to be; however, as with any case, we will review it again if there is any new evidence."
A search of Bonner's name in the Tempe City Court database showed one charge related to the incident: hindering or interfering with police. That charge was listed as dismissed "on behalf of state."
Bonner's attorney, Benjamin Taylor, did not respond to a request for comment by time of publication.
County attorney meets with Tempe police after hours
Pellet said County Attorney Rachel Mitchell met with Tempe police the week of July 27 to explain her decision not to prosecute. Mitchell then met with Tempe bike cops on Mill Avenue around midnight Aug. 1 "to show her support and reinforce that her decision to turn down felony charges is not an indictment of the officer's actions," Pellet wrote.
Tempe police in an email said the meeting was requested by Mitchell.
"The Tempe Police Department facilitated a visit with the Maricopa County Attorney so she could meet with the officers who work in the Mill Avenue area, gain a firsthand understanding of the challenges they face, and demonstrate her support for their efforts to keep our community safe," the statement read.
"When County Attorney Mitchell took over the office, she put a policy into place that requires all Deputy County Attorneys to do a ride-along with police once a year. The County Attorney holds herself to the same standard and also goes on ride-alongs to see firsthand the challenges officers and deputies face on the job," Pellet said in an email.
Lauren De Young covers transportation and the cities of Tempe and Chandler for The Arizona Republic. Reach her at ldeyoung@azcentral.com.
This article originally appeared on Arizona Republic: Woman in Mill Avenue fight with Tempe police not facing felony charges
