Wildwood’s mayor said the woman being restrained in an arrest
video that has gone viral was the aggressor in the situation.
But an attorney who has handled several local police brutality cases says "the force used was clearly unreasonable and unnecessary."
Emily Weinman, 20, said it was her concealed alcohol that brought police to the spot where she, her 18-month-old daughter and two others were set up on the beach Saturday.
In a since-deleted Facebook post she said that she passed a Breathalyzer but that when she asked if the officers had nothing better to do than harass underage drinkers, things got heated.
“My concern is the police were leaving and she got smart-mouthed with them,” Wildwood Mayor Ernie Troiano told BreakingAC. “When asked to give her identification, she refused.”
He said that looking at the video of the incident that went viral, “I think it’s inflammatory against the police. But there are facts that are starting to surface.”
That, he said, includes a 2016 case in which Weinman was charged with burglary, simple assault, recklessly endangering another person, criminal mischief and criminal trespass.
She is currently serving four years’ probation in that case.
But Jennifer Bonjean, who has had several successful lawsuits against local police, said she saw nothing that warranted the officer's use of force.
"First, I've not seen evidence that the 'seizure' was justified in the first place irrespective of the force used," she told BreakingAC. "Second, the force used was clearly unreasonable and unnecessary."
When asked about the closed-fist strikes to the woman’s head, Troiano said, “I’m not there and neither is anybody else, really.”
“Is (the) officer looking at one part of the body, and another come into range?” he asked. “When the officer goes to strike, does she move her head in the way?”
There have been claims Weinman first kicked the officer and spit toward him.
"I did not see any active resistance by her that justified force beyond a firm grasp," Bonjean said. "If three officers cannot arrest a 100-pound girl who is, at best, offering passive resistance ... without striking her, they are incompetent boobs who have no business being officers."
Bonjean stressed that she still hasn't seen clear-cut evidence there was even cause to arrest Weinman.
The repeated warnings of "Stop resisting" is a common tactic by police to back up claims a suspect was resisting, she said.
Video from the officers’ body camera should show how the incident began.
Troiano said he has not seen the full video, which is at the Prosecutor’s Office.
“From what I gather, they will be doing a press release by the end of the week, once all the investigation is completed,” he said.
Bonjean said "this case epitomizes the training issues in (New Jersey). Officers are trained that they can use any level force they want when a suspect officers any resistance whatsoever no matter how slight or passive."
“It’s unfortunate for everybody: the police, her family, the people who were around her,” Troiano said. “The whole thing was unnecessary. The police did not escalate this. This could have easily been avoided by simply showing identification.”
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