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District Attorney Bonnie Dumanis told The San Diego Union-Tribune she will make the decision in the case against Shari Barman, 60, who was hosting the fundraiser, and Pam Morgan, 62, one of the guests. The fundraiser was for Francine Busby, who is seeking the Democratic nomination to run against Rep. Brian Bilbray, a Republican, in a heavily Republican district.

Busby said about 50 people attended the event at Barman's home in Encinitas. She said the anonymous person who made the noise complaint may have been the person who hid behind bushes and heckled her obscenely while she was speaking.

"It was a private, quiet party", Busby said. "I can't reiterate enough that there was never any noise."

Undersheriff Bill Gore, who becomes sheriff Friday, ordered an investigation after Busby complained about the department's response to the June 26 fundraiser.

Partygoers said they were soaked with pepper spray after seven deputies, a sergeant and a helicopter arrived at the home. Sgt. Thomas Yancey said guests surrounded Deputy Marshall Abbot, who had responded to a noise complaint, and he felt threatened, the Union-Tribune reported Monday.

Abbott said Barman uttered an expletive about her neighbor when he told her about the noise compliant. He said when he asked Barman for her birth date and prepared to write a noise warning, she refused to give it, and he grabbed her when she tried to walk away.

"He told me I was under arrest, grabbed my right arm, twisted it behind me and threw me on the ground", Barman told the Union-Tribune.

Barman was arrested on suspicion of battery on a peace officer and resisting, delaying and obstructing a peace officer. Morgan, of Rancho Santa Fe, was arrested and accused of resisting, delaying and obstructing a peace officer.

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