Tempe police refile misdemeanor charges against ASU cheerleader punched in viral arrest video

Coverage spread: 2 sources — 2 unrated

Lean ratings via AllSides / Media Bias-Fact-Check. How this works.

Where they agree

An officer punched Eryn Bonner, a 21-year-old ASU stunt team member, in the face during a July arrest on Mill Avenue in Tempe, leaving her with bruising including two black eyes.
The Maricopa County Attorney’s Office, under Rachel Mitchell, declined to prosecute the original felony charges of aggravated assault and resisting arrest against Bonner, citing no reasonable likelihood of conviction.
Tempe police subsequently submitted new misdemeanor charges — assault, resisting arrest, disorderly conduct and obstruction — after dropping an earlier misdemeanor during case review.
Bonner’s attorney, Benjamin Taylor, argues the officers were the aggressors and that the case is being pursued for political reasons rather than on the merits.

Where they differ

Phoenix New Times frames the story bluntly as officers “saving face” through politically motivated charges, emphasizing outrage from community members and politicians and the police union’s support for the officers.
ABC15’s initial report gives substantial space to a former officer, Josh Logan, who argues the video shows Bonner committing aggravated assault and that the punches were within use-of-force policy — a counter-perspective not present in the New Times piece.
ABC15’s follow-up report is the only source to cover the midnight meeting between County Attorney Rachel Mitchell and Tempe’s bike squad officers, revealing behind-the-scenes reassurance from the county attorney’s office to police.
ABC15 includes the Bonner family’s personal statement about their daughter’s pain and Taylor’s specific allegation of improper touching at the end of the video, details not covered by the other outlet’s excerpt.

Tempe police have submitted new misdemeanor charges — assault, resisting arrest, disorderly conduct and obstruction — against Eryn Bonner, a 21-year-old Arizona State University stunt team member who was punched by an officer during a July arrest captured on widely shared video. The charges come after the Maricopa County Attorney’s Office declined to prosecute the felony charges police originally sought, and after a Tempe city prosecutor briefly filed and then dropped an earlier misdemeanor while the department reviewed the case.

What happened on Mill Avenue?

Around 1:45 a.m. on July 18 (court records list July 19), Tempe officers were involved in an arrest near C.A.S.A. on Mill Avenue when Bonner, standing behind the officers, yelled at them to release a friend. An officer told her to back up, then shoved her with both hands, knocking her to the ground. Bonner got up and moved back toward the officer, who grabbed her arms, tackled her onto a nearby bike, and punched her in the face. The two struggled for several seconds before a second officer helped restrain her. Bonner was left with bruising, including two black eyes, that lasted for days. Bystander video of the punch spread widely online, and the department later released body camera and surveillance footage.

What charges did she originally face, and what changed?

Tempe police initially sought two felonies — aggravated assault on a police officer and resisting arrest — plus a misdemeanor for hindering or interfering with police. Maricopa County Attorney Rachel Mitchell’s office declined to prosecute the felonies, telling ABC15 there was no reasonable likelihood of conviction. The remaining misdemeanor was later dismissed by the Tempe City Attorney’s Office, which said the dismissal was meant to allow refiling of the misdemeanor along with any other appropriate charges after a fuller review of the evidence. Police then submitted four new misdemeanor counts — assault, resisting arrest, disorderly conduct and obstruction — to Tempe City Court. Police have said they do not plan to resubmit the felony charges to the county attorney.

Why did the county attorney meet with Tempe police officers at midnight?

In the early hours of August 1, County Attorney Rachel Mitchell met with top Tempe police leadership and the department’s bike squad on Mill Avenue. Her office said she offered the visit to show support for the officers and to make clear that declining the felony charges was not a judgment against their conduct. Mitchell’s office noted she requires deputy attorneys — and holds herself to the same standard — to do annual ride-alongs with police to better understand the challenges officers face. Tempe police said the meeting was requested by Mitchell and that they facilitated it so she could speak directly with officers who patrol the Mill Avenue area.

What does Bonner’s side argue?

Bonner’s attorney, Benjamin Taylor, contends the new charges are a face-saving move by Tempe police and city prosecutors under pressure from the police union and department leadership rather than the merits of the case. He argues the video shows officers, not Bonner, acting as the aggressors, and says the city prosecutor should follow the county attorney’s lead and decline to prosecute given how similar the new misdemeanors are to the charges already rejected. Taylor also says the officer’s use of force — including tackling her onto a bike and repeatedly striking her — was excessive, and he has raised concern about what he describes as inappropriate touching visible near the end of the video. He says the officer involved should be fired. Bonner’s family issued a statement describing heartbreak at watching their daughter hurt by someone meant to protect the community, while saying they still expect public servants to meet high standards.

What does the other side say?

Police and their defenders offer a different account. A Tempe police spokesperson has said Bonner struck the officer five to six times, and Josh Logan, a former Chandler police officer who has worked security on Mill Avenue, told ABC15 the video shows Bonner re-approaching officers after being told to back away and then striking the officer with her fists and legs — conduct he says meets the definition of aggravated assault and would justify closed-fist strikes under most department use-of-force policies. The Tempe Officers’ Association has also publicly backed the officers involved.

What happens next?

Tempe police have opened an internal investigation into the officers’ conduct during the arrest. The misdemeanor charges against Bonner are now with the Tempe City Court and city prosecutor for review. Bonner has 180 days under Arizona law to file a claim against the department, though her attorney has declined to say whether she plans to sue.

Sources

Featured photo: Cygnusloop99 via Wikimedia Commons (CC BY-SA 3.0)