Was Calif. police use of pepper spray justified?

By Garance Burke

Associated Press

Published: Monday, Nov. 21 2011 12:00 a.m. MST

In this Friday, Nov. 18, 2011, photo occupy protester David Buscho is helped after being pepper sprayed by campus police Friday in Davis, Calif.

Associated Press

SAN FRANCISCO — Viral videos of riot police repeatedly pepper spraying a row of seated, non-violent Occupy Wall Street protesters at a California university have sparked outrage, an investigation and calls for the college chancellor's resignation.

The footage also set off a debate about how far law enforcement can and should go to disperse peaceful demonstrators.

Many students, lawmakers and even the university's chancellor have called the officers' actions a horrific example of unnecessary force. But some experts on police tactics say, depending on the circumstances, pepper spray can be more effective to de-escalate a tense situation than dragging off protesters or swinging at them with truncheons.

"Between verbalized commands and knock-down, drag-out fights, there's quite a bit of wiggle room," said David Klinger, a former Los Angeles Police Department officer and instructor at the University of Missouri-St. Louis who reviewed the pepper spray footage.

Soon after the incident on Friday at the University of California, Davis, video recordings spread across the Internet.

The footage of an officer casually spraying an orange cloud at protesters' heads while spectators screamed in horror joined other much-discussed pepper-spray incidents, such as the 84-year-old activist hit in the face in Seattle and a Portland, Ore., woman who recently was sprayed in the mouth.

Images of the officer seen dousing the students became the subject of a blog, which featured him spraying famous figures, from Gandhi to John F. Kennedy.

The university announced Monday that it has placed the police chief and two officers on administrative leave to restore trust and calm.

Still, nearly 2,000 students and residents gathered at the main quad to hear speeches and chant slogans against police and university officials. Students who were pepper-sprayed opened the rally, saying they felt unsafe on campus with the chancellor in power.

"We were just kids sitting down in a circle singing," said student David Buscho, 22, of San Rafael, Calif. "It felt like hot glass ... I was paralyzed with fear."

Pepper spray is an inflammatory agent that derives its active ingredient from chili peppers. When the spray is deployed, it causes nearly instant inflammation, resulting in dilation of the capillaries in the eyes, paralysis of the larynx and a burning sensation on the skin.

Buscho said students were yelling at police Friday that they were peacefully protesting. One of the helmeted officers began pointing a spray can at close range on the seated group, he said.

"I had my arms around my girlfriend. I just kissed her on the forehead and then he sprayed us," he said. "Immediately, we were blinded ... He just sprayed us again and again and we were completely powerless to do anything."

The protest was held in support of the Occupy Wall Street movement and in solidarity with protesters at the University of California, Berkeley who were struck by police with batons on Nov. 9.

The UC Davis footage shows two officers spraying students with the chemical agent as the crowd cries out, then a slight delay before police start hauling off some of those seated while other protesters cough violently and try to crawl away.

The spray the officers used ranked about halfway between the highest and lowest concentrations of the commercially available substance.

Nine UC Davis students hit by pepper spray were treated, two were taken to hospitals and later released, university officials said. Ten people were arrested.

Since the video began circulating Friday night, UC Davis Chancellor Linda Katehi said she has been inundated with calls from alumni, students and faculty to speed up an investigation. Students and faculty have called for her resignation.

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