Viral Tempe arrest video: Police submit misdemeanor charges against ASU student

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Tempe police submit charges against ASU student following viral video arrest

Tempe police submitted misdemeanor charges against a 21-year-old following a July 19 incident on Mill Avenue. FOX 10's Jacob Luthi learns more about the "violent" arrest, and what police and the woman's attorney are saying. 

Tempe police are seeking misdemeanor charges against 21-year-old Eryn Bonner, the woman in a viral video being pushed to the ground and detained by officers during a July 19 confrontation on Mill Avenue. The move comes after the Maricopa County attorney declined to file felony charges in the case. 

What we know:

Bonner's attorney says she was violently attacked during the altercation. Maricopa County Attorney Rachel Mitchell decided not to pursue felony charges against her, but attorney Ben Taylor says Bonner could still face charges from the city of Tempe.

"She’s physically injured, she’s emotionally injured, and she’s just traumatized from this," Taylor said.

Eryn Kelise Bonner (Maricopa County)

The July 19 Incident

Video shows the chaotic scene on Mill Avenue in Tempe, when Bonner, an Arizona State University senior, was seen yelling at officers as they detained two men before their attention turned to her.

"Instead of communicating and de-escalating it, he pushed her and pushed her twice on top of the police bicycle, jumps on top of her and then swings at her eyes and face multiple times," Taylor said.

According to police records, Bonner allegedly raised her fists and aggressively approached an officer in a fighting stance. When the officer tried to place her under arrest, both fell to the ground during the struggle. She is then accused of striking the officer in the face multiple times while he was on top of her attempting to gain control. The officer responded by "striking Bonner once in the face" to stop the assault, allowing police to finally place her in handcuffs. The arresting officer sustained a 3-to-4-inch laceration to his forearm, wrist scratches and facial pain from the strikes.

Taylor also alleges an officer inappropriately touched Bonner while she was faced down during the arrest. The Tempe Officers Association called the allegations "unfounded" and "salacious."

Images shared by Taylor show the injuries Bonner says she suffered during the incident. 

Submitted Charges:

Tempe police say they have now submitted misdemeanor charges against Bonner to Tempe City Court, including assault, resisting arrest, disorderly conduct, and obstruction. This comes after Mitchell declined to pursue felony charges.

"Rachel Mitchell did the right thing by not charging her. We’re asking for the city of Tempe not to bring any misdemeanor charges," Taylor said.

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A viral Mill Avenue arrest video sparked outrage online. Tempe PD has launched an internal probe and released full bodycam footage of the incident.

Tempe PD Statement

We are aware of the allegations made regarding this arrest. The Tempe Police Department takes every allegation of officer misconduct seriously because maintaining the trust of our community depends on our willingness to thoroughly and objectively examine concerns when they are raised.

Consistent with our policies, this incident is currently under administrative review. The video of the incident, along with all other available evidence, will be carefully evaluated as part of that process. Because the review is ongoing, it would be inappropriate for the City to comment further or reach conclusions before the investigation is complete.

Our officers are held to high professional standards, and our community deserves confidence that allegations of this nature will be reviewed fairly, impartially, and with great care. We remain committed to a thorough, objective, and transparent process.

Dig deeper:

FOX 10 also reached out to the Tempe Officers Association, which was not available for an on-camera interview, but did release the following.

Tempe Officer's Association Statement from President Robert Ferraro

This entire encounter was captured on body camera and surveillance footage.

The videos very clearly show Miss Bonner ignoring multiple commands to "get back" made by officers trying to break up a street fight. She also ignored an officer who tried to de-escalate the situation by moving her away from the scene. The videos later show her scratching and lashing out at a uniformed police officer, punching him in the head.

The videos do not show a Tempe police officer "groping" anyone, especially amid the struggle created by Miss Bonner's failure to back away and her refusal to calm down.

This is an inflammatory claim made by a defendant and an attorney who are trying to avoid justice. The full videos show that none of it is true, and the TOA stands by our officers to the fullest extent possible.

What they're saying:

"You’re allowed to under your First Amendment Rights, to tape record or talk to police officers, what the officers don’t have the right to do is assault her and respond in a violent way," Taylor said.

Bonner Family Statement

"There are no words to fully describe the heartbreak of watching our daughter be hurt by someone entrusted to protect and serve our community. The hardest thing is seeing the pain and sadness in her eyes that we cannot take away. Expecting public servants to live up to the highest standards of their profession is not an act of animosity toward those who serve with honor. Rather, it is essential to preserving public trust and upholding the integrity and legitimacy of our institutions. We respectfully ask for your prayers and support as our daughter and our family continue to heal."

What's next:

Tempe police have submitted the charges, and it will now be up to the city attorney to review the evidence and make a decision on whether or not to pursue those charges.

Map of where the confrontation with police occurred:

The Source: Information in this report was gathered from Tempe Police, Maricopa County Attorney Rachel Mitchell, attorney Ben Taylor, the Tempe Officers Association, and Eryn Bonner's family.

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