Cop cam put to the test in unusual assault case - San Diego, California News Station - KFMB Channel 8 - cbs8.com

Cop cam put to the test in unusual assault case

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SAN DIEGO (CBS 8) - A local woman is charged with battery and resisting arrest after a traffic stop by a sheriff's deputy. The entire incident was caught on the deputy's body camera and could affect the outcome of the case.

It began during a traffic stop as Deputy Agustin Rosas Verion was attempting to issue a speeding ticket to driver Bana Mouwakeh. Mouwakeh touched the deputy. She would end up being charged for resisting arrest and battery.

"The reaction was way too excessive," Mouwakeh said.

She says she repeatedly asked the deputy for his name and he just ignored her, and when she reached over and touched him, she was simply trying to see his badge. In the video, you can hear her say she wants his name as the deputy opens the door.

"I pleaded with him, 'I'm going to have hip surgery and I just had knee surgery, please can we just negotiate this,'" she said.

She says what happened next would cause emotional and physical pain.

"My right wrist was handcuffed so tight it cut off the circulation to my fingers, and I still get numbness in that right hand," she said.

As for Deputy Verion, in his report he says Mouwakeh repeatedly yelled at him when he asked for her license and registration. He called the touch willful and unlawful force against him. He also said he arrested her so she couldn't flee the scene and had he not, she could have "initiated a pursuit situation, endangering her and the general public."

Mouwakeh's lawyer Mary Francis Prevost says she plans to fight the charges.

"In order for someone to be convicted of battery, they have to have intended an offensive touch, and that didn't happen in this case," Prevost said.

There are two sides to this story. The question is, which version will a jury believe?

We reached out to the sheriff's department but they said they couldn't comment on the case.

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