A woman, whose arrest drew national attention after a cop was seen on video punching her in the head while trying to subdue her, was indicted by a grand jury for assault charges last week.
Emily Weinman, 20, is facing two counts of aggravated assault on police officers, resisting arrest, throwing bodily fluids and obstruction after authorities say the woman spit on officers and attacked them during an attempt to arrest her on a crowded New Jersey beach over Memorial Day weekend, according to the New York Post.
Weinman's attorney, Stephen Dicht, however, claims police used excessive force during the volatile exchange.
"We welcome the chance to vindicate Emily and show that police are the culprit in this case, not her," he told The Post.
According to body cam footage released by the Wildwood Police Department, the altercation began when two officers approached Weinman at the beach and questioned her about unopened bottles of alcohol near her.
Weinman, who is from Philadelphia, tells officers the alcohol belongs to her aunt, who she says will be back soon. The officers, who have been identified as Thomas Cannon and Robert Jordan, give Weinman a breathalyzer, which she passes.
But Weinman can be seen continuing to argue with officers and refuses to give her last name when asked.
"You don't need my last name," she said.
Officers decide they want to detain Weinman and one officer can be heard saying "Ok, that's it, I am done with you," before asking his partner for cuffs.
The woman begins to back up and walk away from officers and one of the officers tells her "you are about to get dropped." The video then shows what looks like Weinman shoving the officer before she's taken to the ground.
"Get off me, what are you doing," she can be heard screaming.
A woman who was nearby also began videotaping the exchange, and the officer can be seen clearly punching Weinman in the head as they struggle to cuff her.
After reviewing all the video footage, prosecutors announced in June that the officers involved in the arrest wouldn't face any charges for their actions.
"As County Prosecutor, I recognize that the video footage has raised a lot of questions regarding the officers' actions. A decision such as this is not based on emotion; it is based upon applying the proper laws, policies and directives that govern law enforcement," Cape May County Prosecutor Jeffrey Sutherland said in a statement at the time, according to Philadelphia news station, WPVI.
Weinman's case is now expected to go to trial. Her attorney previously told NJ.com the incident had left the young mother with injuries and depression.
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