TEMPE, AZ (AZFamily) — The attorney representing the woman at the center of a viral Tempe police takedown video is speaking out for the first time, alleging officers escalated the situation and that one groped his client during the arrest.
Civil rights attorney Benjamin Taylor is now representing Eryn Bonner following her arrest near Mill Avenue two weeks ago. Video of the incident has been viewed millions of times and has sparked debate over whether the officers’ actions were justified.
Attorney’s allegations
“Erin Bonner is a victim here, and she was traumatized by these officers,” Taylor said.
Taylor alleged officers acted with excessive force from the outset, saying he was “extremely shocked at how violent the officers reacted — just jumping on top of her, pushing her down several times, punching her in the face.” He also alleged that in the video, an officer’s hand can be seen on Bonner’s buttocks during the struggle.
“Why did they go in so hot?” Taylor said.
He believes officers failed to attempt de-escalation before using force. “Instead of having a conversation, they escalated the situation, and they’re the ones who caused this violent act,” he said.
Police and legal responses
Surveillance video outside a bar on Mill Avenue shows the incident began with two people in a confrontation before officers moved in. Tempe police released four video clips showing different portions and perspectives of the incident, saying the footage provides more context than a single cellphone clip alone.
A Tempe police spokesperson said the department takes every allegation of officer misconduct seriously. The spokesperson also confirmed misdemeanor charges have been submitted to Tempe City Court.
“That would be very vindictive of the City of Tempe to try to pursue any other misdemeanor charges in this case,” Taylor said. “Clearly the video shows that the officer was the aggressor and the City of Tempe could have stopped this by a simple conversation, by moving people aside, this would never have happened.”
The Tempe Officer’s Association called Taylor’s groping allegation “inflammatory,” claiming Bonner is trying to avoid accountability amid a struggle created by her failure to back away and calm down.
Law enforcement expert Dr. Ron Martinelli said use-of-force decisions are based on the level of resistance officers encounter. “The officer is allowed to use force to accomplish two goals: to overcome resistance, self-defense, and to control that individual,” Martinelli said. “For certain levels of resistance or even force against an officer, an officer can escalate or they can de-escalate depending on what that other individual is doing.”
Police allege Bonner struck an officer in the face five to six times when he tried to arrest her. Taylor said officers’ body camera footage does not clearly show that.
Charges dismissed, misdemeanors pending
Maricopa County Attorney Rachel Mitchell declined charges of resisting arrest and aggravated assault. Taylor said the dismissal reflects what his client has maintained.
“The resisting arrest, aggravated assault, those charges were dismissed by Rachel Mitchell because their office saw the same thing — that this is ridiculous what they did,” Taylor said.
Mitchell said charging decisions are based on a review of all available evidence, not just publicly released video. “I’m sitting there evaluating it for whether there’s a reasonable likelihood of conviction as to the charges that were submitted to our office,” Mitchell said.
Family statement
Bonner’s family shared photos showing the 21-year-old, a member of the ASU Stunt team, with a bruised face. The family released the following 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.”
An internal review of the incident is still underway.
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