An Arizona woman will not face any charges after a viral video of her fight with police officers raised several questions about their actions.
A video posted by Quinn Gamino on Instagram showed a 21-year-old woman walking up to officers from the Tempe Police Department on July 19. Those officers were reportedly breaking up a fight.
Gamino told Atlanta Black Star the officers detained the wrong people from the fight.
“There was somebody inside Casa Bar on the corner that started to get in an argument with this dude’s friend,” Gamino said. “This friend was trying to pull him back from the argument, and the cops thought the two friends were fighting.”
Gamino said when the officers took the two men down, he whipped out his phone to start recording the incident.
“I was looking around, and nobody else had their phone out, and it wasn’t like a laughable moment. I just recorded in case anything happened, and I mean, good thing I did.”
‘You Want to Punch a Female?’
At the beginning of the video, you see the woman bend down to talk to her boyfriend, according to Gamino. He was on the ground in custody when one of the officers pushed her. The woman then falls into several of the officers’ bicycles left in the middle of the road.
Court documents claimed the woman tried to pull one of the men away from officers, but it is not shown in the video.
“You want to push a [expletive?],” she yelled at the officer before he tackled her to the ground. It appeared that the officer swung at the woman.
“He just hit her! He just hit her!” a man in the crowd yelled from the background.
At the end of the video, you see three people, including the woman, lying on the ground in handcuffs.
“DON’T RESIST!” someone from the crowd shouted to the woman as officers put her in the patrol car.
“I’ll spit on your a–! You punched a [expletive], bro. You want to punch a female?” she yelled. “You see my [expletive] face?”
The woman hasn’t been identified.
“Bro, this is going online bro,” Gamino said in the video.
Court documents obtained by ABC 15 said the woman was charged with interference with a police investigation, aggravated assault on a police officer, and resisting arrest.
The officer involved reportedly sustained several visible injuries, including a cut on his forearm and wrist.
Department Responds
Maricopa County Attorney’s Office announced on Wednesday it did not want to take up the case because “there is no reasonable likelihood of conviction.”
Tempe Police posted four video clips showing different portions and perspectives of the incident on YouTube.
In a statement to ABC15, the department said, “We recognize the concerns raised by video of this incident and understand why members of our community have questions. Any use of force by a police officer is taken seriously and warrants careful review.”
The department said the video on social media only shows part of what happened.
“Too often today, police officers are judged by a few seconds of cellphone video that begins after critical events have already occurred. That is exactly what happened here,” Tempe Officers Association President Robert Ferraro said.
The department said it is also investigating the officer’s actions to determine whether his use of force was excessive.
“While the footage raises understandable concerns, it does not provide the full context of these events, leaving up to the use of force.”
Legal Perspective
Atlanta Black Star spoke with Attorney Benjamin Taylor about the legal aspects of the case.
“This officer wasn’t touched,” Taylor said. “Under the law, you have a right to observe police, and you have a First Amendment right to look and observe police activity.”
According to the Arizona Legislature, you must stand back if an officer gives you a reasonable order to do so, and refusing can lead to a misdemeanor charge.
“This is the perfect example of excessive force, and this officer should be disciplined for this,” Taylor said.
The attorney added that he’s sued the city of Tempe a couple of times for police misconduct and wrongdoing.
“She’s being victimized by the same people that are here to serve and protect the people who are walking around in the city of Tempe,” Taylor said. “He’s been sworn to serve and protect. But, pushing and punching, that’s not serving and protecting.”
Atlanta Black Star reached out to the police department but has not heard back.
