FLAGSTAFF, Ariz. - Jeffrey Bonar’s request to dismiss his court case was denied Tuesday. However, the judge did decide to send the case back to a grand jury to determine a new probable cause.

Bonar, a former Flagstaff police officer, punched a woman in the face while on duty in November 2016. His attorney, Marc Victor, made the request to dismiss the court case back in July.

Victor argued that the court should dismiss the case because the state failed to present some exculpatory evidence to the grand jury, which included state and local laws, along with other officers’ eyewitness testimonies. Bonar and his attorney believe that this information could have justified his punch. Leaving it out qualified the case as prosecutorial misconduct and could have resulted in the case being dismissed according to Victor.

Bonar said that he was acting in self defense after the victim allegedly tried to knee him in the groin.

Bonar and his attorney also requested for statues concerning resisting arrest and assaulting an officer to be read alongside this testimony.

However, the court did not see cause for misconduct and denied the request.

Even though it was denied, the court will grant Bonar’s request to send the case back to the grand jury to find a new probable cause because of the the exculpatory evidence, such as the laws and witness accounts, that were left out.