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Tuesday, November 22, 2011

UC Davis Protesters AGREED To Being Pepper Sprayed By Police

There has been a display of outrage over the last several days at the fact the Police at UC Davis pepper sprayed some Occupy protesters while they were voluntarily sitting on the ground locked arm and arm.

Here is that video:

But that video doesn't show the whole story.

A new video has been released that shows the Police not only warning the protesters that they were going to be shot with pepper spray, but also shows the protesters AGREEING To be pepper sprayed.

As a Policeman bends over to tell the "Leader" of the protesters that they are going to be sprayed, the "Leader" responds (At the very beginning of the video):

"Your shooting us specifically? No that's fine, that's fine."

Even after the verbal warning was given, and the protesters can be seen preparing for the pepper spray (Covering their faces), the Police go above and beyond and give the protesters several minutes to move out of the way.

Here is the video:

So as you can see the outrage over this incident is over done because not only were the protesters warned, but they agreed to be pepper sprayed and were even given enough time to move if they so chose.

This incident isn't an example of Police brutality...

But an example of some protesters suffering the consequences of their actions...nothing more.


malachi said...

Thats just the thing tho, This is America, and here...we have the right to protest! The protesters were not being violent, they were standing up for not only their American rights, but for yours as well. The bottom is about to fall out, and these protestors are trying to reserve your rights!

Merlin said...


That's a disingenuous comment though. Yes, there is a right to peaceably assemble, but subject to time & place restrictions. Yes, there is a history of civil disobedience, but being by its nature disobedience, always subject to legal ramifications.

The police were well within their rights to order the protesters to disperse. They were blocking and impeding access to public spaces. They performed their act of disobedience knowing full well there could be legal repercussions. That's perfectly fine. But they have to also live with those repercussions.

fauxpopuli said...

Too bad that saying "that's fine" doesn't constitute a legal waiver. Pepper spraying peaceful protestors is an illegal violation of 4th amendment rights based on the 9th Circuit precedent established in Lundberg v. Humboldt. You all will blab endlessly about how the protesters need to "live with the repercussions" - which in this case would've been a peaceful arrest - but not for one second will you allow the possibility that the campus cops should do the same.

You can keep pretending you care about law and order; you don't, as is clearly demonstrated by you ignoring the police (violently) breaking laws you disagree with while excoriating OWS protesters for (nonviolently) doing the same. Hypocrites.

Evil NYC Liberal said...

Does your hatred of these people make you so blind?. In the original video you could clearly see the Officer showing them the spray bottle, and their reaction to it. They fully understood what would happen to them but still refused to move or fight back. That was never the question. The question was is pepper spray and riot gear really the right proportional response to the situation? You really need to get this one right because each time the police mess this up they create more followers for these people you hate so much. For your own self interest, you should really open your eyes.

Merlin said...

To fauxpopuli - look at what Humboldt decided. Using cotton swabs to apply pepper spray directly to the eyes was considered excessive force. Not the case here.

To Evil NYC Liberal - How should the cops have dispersed the crowd? As I understand it, most departments have policies regarding physical contact. That's considered a higher level of force escalation, and non-contact methods are to be tried first. So, what should they have done?

And yes, I do agree that our police forces have become overly militarized, and that is a huge problem. However, I'm not convinced that riot gear necessarily fits into that category. Fully automatic assault rifles, with the latest in tacticool accessories? Yeah, those a problem. Kevlar and face shields? Borderline.

Again, I ask you. What should the cops have done, that would have been consistent with their ROE and applicable case law?

And for the record, my gut reaction when I first heard about this was that the cops went over the line. The more I read about it though, the more reasonable doubt I see.

KrustyKlassic said...

The cops should have peacefully arrested them. It's already been mentioned.

Anonymous said...

There was warning after warning.
They (protesters) were obstructing the rights of others, and would not leave as asked.
THAT is abuse of the law and rights of ALL others.
The police tried to remove them physically.
They resisted, KNOWING the consequences.
They were breaking the law, whether you like the law or not.
What a bunch of "I was a victim" crap.
Alcoholics, drug addicts or ANY kind of addict uses the same excuse.

1389 said...

Instead of worrying about the Occupests, think about the local residents and businesses are taxed for police protection and not receiving it.

These Occupiers are squatting on and despoiling property that is not their own, and are creating a health hazard and a public nuisance. Just for starters, there is no Constitutional right to poop whenever and wherever you want.

Who is going to PAY all of the costs arising from this stupid little charade?

Just askin'.

Evil NYC Liberal said...

@Merlin I do feel for officer Pike in that he was doing what the rules told him to do. But if the protestors did not want to be arrested they would not have sat down and linked arms in the first place. They certainly would not have done that if they wanted to fight. The police were gonna have to lay hands on these people in any event, the pepper spray only made things worse.

@1389 Dude, I am totally with you about sanitation, I think the entire staff of any restaurant that fails its health inspection should be pepper sprayed AND tasered. I am not being ironic here, I eat out a lot.

Anonymous said...

I graduated UCD 30 years ago, live about thirty miles away, know some on both sides.

University President did not ask police to arrest or disperse students at all, but to dismantle tent city.

Officers took it on themselves to take this action, which may result in the President's forced resignation, as trust has been lost with campus community.

It is really too bad for the President, she cares about the students and the campus, and is leading some of the most important regional economic development associated with the campus for the future. Lots of people hope she survives this, she's working hard to re-establish her credibility.

Many things are not always what they seem.