An ASU cheerleader is being charged with two misdemeanors after police said she intervened in an arrest and hit an officer in Tempe at least six times during the encounter in July on Mill Avenue.
Eryn Bonner, 21, a senior and ASU stunt team member, is being accused of two misdemeanors for hindering or interfering with police and disorderly conduct in Tempe City Court, as seen in court records. The city spokesman said the disorderly conduct charge is based on state law, while interfering with police falls under the city code.
Bonner has pled not guilty, according to Benjamin Taylor, Bonner’s lawyer. A pretrial conference will happen on November 4.
The incident took place around 1:45 a.m. on July 19 outside the CASA and Sunbar nightclubs in downtown Tempe. According to the police, three bike patrol officers tried to arrest two men involved in a fight, and that is when Bonner stepped in.
Witness videos on social media show Bonner demanding the release of the arrested officer. “Let go of him!” The officer screamed, “Back up!” shoving Bonner off the sidewalk, the Phoenix New Times reports.
According to the police report, Bonner tried pulling a man and did not pay any attention to the requests to step back from the police. When the police pushed her for the second time, Bonner raised her hands in a fighting position towards the officer. While the policeman tried to grab Bonner’s arm, they fell down to the ground in a struggle.
Bonner hit the officer on the left side of his face 5-6 times when the officer was on top of her trying to control her. As Bonner was fighting back, the officer hit her in the face once, and a second policeman placed Bonner in handcuffs.
One of the clips showing the punch thrown by the police officer went viral on the internet, causing many to accuse him of excessive force. The Tempe Police Department provided edited body-worn camera footage and surveillance footage, saying the cellphone video showed only some details of the incident.
Bonner was taken into Tempe City Jail, charged with two felonies: aggravated assault on a first responder and resisting arrest. She was later released on electronic monitoring and a curfew.
Prosecutors in Maricopa County, Rachel Mitchell’s office, refused to charge Bonner with the felonies. Initially, the misdemeanor count was dismissed to let city prosecutors review all possible charges, according to the city spokesperson. In the end, Tempe Police charged Bonner with assault, resisting arrest, disorderly conduct, and obstruction; city prosecutors finally filed the two misdemeanors.
“We are extremely disappointed by the City’s decision to move forward with criminal charges,” Benjamin Taylor states in his press release. He says county prosecutors saw no reasonable possibility of conviction, but the case was reopened two months later.
“This is the way to try to cover up the officer’s misconduct,” Taylor explains in ABC15’s interview. He says cities charge people with crimes two months after the incident to limit their civil liability, since a criminal conviction makes it impossible to file a civil claim against the police department.
Bonner was allegedly left with bruises after the struggle; moreover, Taylor demands firing the policeman who pushed Bonner to the ground. He also claims that police used force without any prior attempt to de-escalate the conflict. “Why did they go in so hot?” he asked Arizona’s Family in August. He adds that one of the policemen groped Bonner during the arrest process.
Tempe Officers Association, the union that represents officers from Tempe, denies that Bonner was groped and mentions that the current charges prove what the full video showed. The union believes the officers acted appropriately and that no external investigation is needed.
Taylor has appealed to the Tempe Mayor and City Council in order to hold an independent review of the case. He said the internal investigation is being run by the sergeant who was suspended in another use-of-force case. A Tempe police spokesperson said the internal investigation is still ongoing.
