LA police cleared over pepper-spray video

An investigation has cleared Los Angeles police officers over a videotaped incident in which a drifter in handcuffs was apparently pepper-sprayed in a police car.

The February 2005 incident came to light this week when the video, shot by a member of the public, was released by the man’s lawyer.

The tape of Benjamin Barker’s arrest surfaced on the heels of an 18-second video showing a Los Angeles officer repeatedly punching a suspect in the face while another officer tried to handcuff the man during a struggle on a Hollywood street on August 11 this year.

At a news conference, police chief William Bratton cited a November 2005 decision by the Los Angeles County district attorney’s office in which prosecutors declined to file any charges against officers in the arrest of Barker, who had been involved in a scuffle in the Venice area.

“Examination of the videotape clearly shows [the officers] did not use excessive force on Benjamin Barker, nor did they assault him under colour of authority,” Bratton said, quoting the decision.

“The officers showed remarkable restraint and demonstrated professional courtesy to Barker despite his belligerent, threatening and combative behaviour.”

The Los Angeles Times reported yesterday that the tape showed an officer take pepper spray out of a holster, then raise it towards Barker’s face, but the actual spraying was obscured by shadows.

The report found that Barker kicked at one officer, lunged towards another, “battered” another officer by spitting on him and then vandalised the police car, Bratton said.

“The officers used that degree of force necessary to restrain Barker and maintain custody of him,” the chief said.

Barker has since pleaded guilty to misdemeanour battery on a shopkeeper.

Barker’s lawyer, John Raphling, told The Los Angeles Times that Barker was whining and crying on the tape, “but he is not being aggressive or threatening” to the officers.

The district attorney’s office also concluded that reports by two officers that said the pepper spray was administered outside the car were mistaken recollections and not intentional mis-statements of fact.