Crime & Safety

Stunned, Strong Reactions To Bodycam Of NJ Cop Punching Woman

Gov. Phil Murphy, ex-cops, lawyers and professors weighed in with strong reactions to videos showing a NJ cop punching a woman on the beach.

"Outraged." "Disturbing." "I would have punched her, too."

A day after bodycam footage was released, ex-cops, lawyers, law professors and others were weighing in Thursday with strong reactions to videos showing a New Jersey cop punching a woman on the Wildwood beach.

Police released the bodycam footage Wednesday that could help explain why a cop punched a woman in the head, all caught on a video that went viral, during a Memorial Day weekend beach incident (see bodycam video below).

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"I am outraged by this," said Rich Lomurro, a trial attorney who called on Wildwood Mayor Ernie Troiano to resign after he defended the police officers for their behavior prior to the bodycam footage release. Efforts to reach the mayor were not successful Thursday.

"As a dad at the Jersey Shore, I want to get the message out: It's not OK," Lomurro said.

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Read more: Bodycam Video Of NJ Cop Punching Woman On Beach Released

On the other hand, Ron Martinelli, an ex-police officer who serves as a witness expert, said he believes police acted appropriately when they dealt with Emily Weinman, 20, of Philadelphia and said: "I would have punched her, too."

"The officers had reasonable suspicions that she was involved in committing in a crime," Martinelli said. "She must comply with the commands of the officer."

Wildwood police say they are investigating the matter, and the two police officers have been given administrative duty until the probe is completed.

Whether the case could be investigated by the Office of Attorney General is another question. Gov. Phil Murphy, who said this week that he hadn't seen the videos, did say that based on what he's heard, "it's pretty darned disturbing."

But Murphy also said that everyone should await the outcome of a Wildwood police investigation into the matter before deciding what action needs to be taken. The governor has not yet commented on the bodycam video.

"If you see an example of excessive force, you've got to pursue it, figure out why heck that happened, because based on everything I've heard, it was pretty darned disturbing," Murphy said.

Those who testify, analyze and even litigate possible police brutality cases questioned whether Weinman may have, at the very least, a reason to sue the police officers and the Wildwood Police Department.

Some also said they didn't believe the police had a right to take action against Weinman because, other than a possible open container of alcohol, there was no obvious crime that was committed. Weinman passed a Breathalyzer test before she was punched and arrested, they noted.

Rocco C. Cipparone, an attorney and a Rutgers University law professor, said New Jersey doesn't have a "stop-and-identify" law so Weinman was constitutionally protected, under the 5th Amendment, to stay silent. "If she's not under her arrest, she's free to walk away," he said.

Indeed, Weinman's refusal to give her name prompted one of the officers to ask for handcuffs and, after the woman said "don't touch me," among other things, the cop said: "You're about to get dropped."

"Police are free to engage citizens on the street and ask questions in the investigation of crime, but they may not detain or have physical contact with citizens unless they have, at a minimum, reasonable suspicion to believe that the suspect has committed an offense," said Stuart Green, another Rutgers University law professor.

Weinman, 20, was charged with aggravated assault on a police officer, aggravated assault by spitting bodily fluids at a police officer, disorderly conduct, resisting arrest, obstruction and being a minor in possession of alcohol.

In the bodycam video, Weinman does appear to spit at the officers after she is subdued. Jon Shane, a witness expert and retired Newark police officer, said the woman's resistance possibly gave the cops reason to do what was needed to be done to subdue her.

While he agrees that Weinman did not have to talk to the police, Shane said that "punching is part and parcel of trying to subdue somebody" who is resisting.

"It doesn't look like it's unreasonable," Shane said. "It doesn't look like it's outside the bounds of practice."

Green, however, said that solely based on his viewing of the video, "I would say that the police officer did not handle this incident well at all."

"Even if the woman had committed some violation of a local ordinance – which is far from clear – the police officer's treatment of her seems unnecessarily confrontational," Green said. "What started out as a simple encounter escalates into an unnecessarily physical exercise of custody. On my viewing of the video, it's the police officer who is mainly to blame for that escalation."

Lomurro said there are "use-of-force" directives in New Jersey, and it's an objective standard. "So, objectively speaking, what force is needed to effectuate an arrest on sand, with an unarmed, lightweight female and three armed officers?" he asked.

"The great police offers in our state who are trained correctly are prepared for people to say rude things to them and not overreact," he said. "There is simply no excuse for that type of reaction."

Here is the bodycam video released on Wednesday:

Here is the initial video that appeared on social media over the weekend:

YouTube video/photo

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