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The defense attorney for a U.S. Air Force Captain wants a judge to look at the personnel file of a Monterey County sheriff's deputy who tackled and handcuffed the airman.VIDEO: Aquino's lawyer questions deputy's historyCapt. Nicolas Aquino is being charged with resisting arrest and obstructing a peace officer, and on Wednesday, a judge declined to throw the charges out.Last December, Aquino was at home when one of his neighbors called 911 to report a burglar was lurking outside Aquino's Carmel house.When Deputy Ivan Rodriguez arrived, he thought Aquino was the burglar. Aquino explained that he lived there and was in the military, but the deputy demanded to see ID."All he said was, 'I need to see your ID.' At that moment I'm like, 'Excuse me sir, but who are you? And why are you here?" Aquino told KSBW. "He grabs my wrist, puts me in a front guillotine, slams my head into the ground and spins around and does a rear-naked choke."In the incident report, the deputy wrote that while sitting on top of Aquino, "I yelled at the male to put his hands out to his sides. The male never complied. He was beginning to draw them in closer to the center of his body. Afraid that the male was going to reach for a weapon, I contemplated disengaging from him, drawing my own firearm and taking aim."Monterey County Sheriff Scott Miller backed the actions of Rodriguez. "He took a course of action consistent with a report of a burglary. There is no reason to disagree with his actions," Miller said.VIDEO: Air Force captain's confrontation with deputy debatedMore than seven weeks after the incident, a warrant was issued for his arrest.When Aquino's case went before a Monterey County judge on Wednesday morning, no resolution was reached after a long discussion in the judge's chamber.Aquino's defense attorney, Steve Liner, argued that the deputy used excessive force. Liner asked the judge to review Rodriguez's personnel file in private and release any information that may help their defense case."To see whether there have been any complaints by other citizens of excessive use of force," Liner said.Aquino is due back in court May 29.