San Marcos woman cleared of battery, resisting arrest

SAN MARCOS, Calif. - A San Marcos woman has been cleared of battery and resisting arrest after an intense takedown that was caught on camera.

A speeding violation in San Marcos last October escalated quickly. A San Diego County sheriff's deputy is seen yanking Bana Mouwakeh out of her car. It was all caught on video by a body camera.

"Pulled me out with the other officers and threw me, threw me to the ground," said Mouwakeh.

She was arrested for battery on a peace officer and resisting arrest. A sheriff's report states Mouwakeh reached and grabbed Deputy Rosas's safety vest and ripped it off him, but she disputes that.

"Never touched him or anything," she said. "He actually tried to grab me and at that point, the vest released."

As Mouwakeh was preparing to begin her trial Monday, the case was dismissed and all charges against her were dropped. She and attorney Mary Frances Prevost credit the body camera.

"If we didn't have that body cam, he could've said anything in his reports," said Prevost. "With the body cam, he accused her of yelling and screaming at him. It's not on video."

What is on the video is the intense takedown that Mouwakeh says left her with bruises on her arms and needing knee surgery afterward.

Last week, Mouwakeh says she was given the option to plead to lesser charges but she held out, hoping for a trial. Now, even better for her – all the charges were dropped and the case was dismissed.

"I knew I was innocent and these were excessive charges," she said.

Mouwakeh is not considering any legal action against the San Diego County Sheriff's Department. 10News reached out to the department but they had no comment.

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