Emily Weinman: Can She Still Face Jail Time After Cop Punched Her In The Head On Video?

Emily Weinman: Can She Still Face Jail Time After Cop Punched Her In The Head On Video?

Emily Weinman’s horrific beach encounter with cops in Wildwood NJ quickly viral. A lawyer tells us if she could actually face jail time for her run in with authorities, who were taped tackling her to the sand and punching her.

Who would have thought an underage beach drinking sweep could turn so messy? Police in Wildwood, NJ were caught on video tackling a 20-year-old Emily Weinman into the sand on May 25 after she allegedly spit at them after refusing to give them her name and ID. The situation escalated with several officers pinning her to the ground while one used a closed fist to punch the bikini-clad mom at least twice in the head as her toddler screamed in terror. The incident was caught on video by a neighboring sunbather. Emily was then charged with spitting at the officer, kicking him in the groin and resisting arrest, so could she end up going to prison?

“Emily Weinman is charged by the police department with serious offenses that could result in exposure to a prison term of 5-10 years. However, aggravated assault on a police officer is often times reduced in plea bargains to simple assault. In this instance, much will come down to a thorough review of all the cellphone videos, body cameras on the police officers (if any) and witness statements as to whether she resisted arrest, and if so, whether the officers used only sufficient force to subdue her. Even NJ Governor Phil Murphy has said that the video was ‘pretty darn disturbing,'” NJ Criminal Trial Attorney, Bob Stahl tells HollywoodLife.com EXCLUSIVELY.

Wildwood Mayor Ernie Troiano has fully sided with the cops, telling the New York Daily News that, “She escalated the situation, saying something like ‘Don’t you have something better to do?'” He also said bodycam video will show the officers “acted in a professional manner.” As for the spitting, Emily explained on Facebook, “The cops smashed my head into the ground when he tackled me and I spit the sand out of my mouth.”

“Officers have to use only the modicum of force necessary to effect a lawful arrest. Here it seems that two large male officers may have used excessive force on a younger woman to effectuate the arrest. One must also question whether proper discretion was used in what should have simply been issuing her a summons for underage possession of alcohol and whether the officers’ actions escalated the situation,” Stahl continues. Emily had a beer next to her but passed a breathalyzer test before the officers tackled her.
Emily might even be able to sue over the officers’ actions. “If she prevails in this then she certainly could pursue a civil action for any physical/emotional/injuries. Any compensation monetary amount is established at trial or in settlement talks based upon hospital bills and other medical/psychological testimony. It could be a relatively small amount or a much greater amount if she was severely physically injured or subjected to great emotional distress that is provable,” Stahl adds.