FLAGSTAFF, Ariz. - A motion to dismiss was the first request from Jeffrey Bonar’s lawyer Thursday morning in court.
Bonar is the former Flagstaff Police Department officer who punched a woman in the face on Nov. 16, 2016.
After about a two-hour long hearing in Coconino County Superior Court, Bonar’s attorney, Marc Victor, admitted it was highly unlikely Judge Cathleen Brown Nichols would dismiss the case, but he was very confident about his request to have the state present it before the grand jury a second time around.
“Just tell them to go do it right. This time, just do it right,” Victor asked the judge.
Fired up, Victor insisted the state left out exculpatory evidence in its presentation to the grand jury -- information the former cop, his attorney and witnesses said justified the punch.
“He doesn’t need to be kicked in the groin or even touched or even threatened by the victim in this case for this to be a completely justified act,” Victor said.
The prosecutor, James Zack, stuck by his presentation, saying he got it right the first time -- the video showed it all.
“Viewing the video, the grand jury concluded that the officer punching the victim, in this case, was unlawful and that’s all that’s supposed to be happening at this stage in the proceeding,” Zack told the judge.
That proceeding could take a step back or be dismissed outright -- pending the judge’s rulings on the defense’s motions.
If Judge Nichols grants the motion for remand, the defense would have two weeks to present additional exculpatory evidence.