The cops in Fort Collins want to give this guy an appearance ticket for trespassing. He refuses to sign it. They tell him that it doesn’t matter if he signs, if he doesn’t show up to court, he will be arrested. You would think that would be the end of it.
Instead, a cop gets angry and tries to stuff the ticket into the accused’s pocket. I’m not sure that “If the guy won’t sign, stuff the ticket in his pocket” is proper police procedure. If it isn’t, then this is battery. Anyhow, that’s when things went south. The guy backed away from the cop, and the cop uses that as his excuse to say he is “resisting.” While the guy is on the ground, they hold a pepper spray container within 3 inches of his eyes and spray him in the eyes. This caused permanent damage to his eyes. He is suing the cops.
Kulas’ attorneys say police officers are trained not to deploy pepper spray from less than 3 feet because of the risk of permanent damage to the person’s eyes. Fort Collins Police Department’s policy does not specifically mention a safe or minimum distance of pepper spray, but does say “pepper projectiles and OC spray should not, however, be used against individuals or groups who merely fail to disperse or do not reasonably appear to be present a risk to the safety of officers or the public.” In other words, pepper spray isn’t to be used to force someone to comply with your orders.
The police investigated themselves and determined that they should be cleared of all wrongdoing. See for yourself:
The man was charged with obstructing a peace officer and resisting arrest in addition to the original petty trespass charge. All three charges were dismissed.
Don’t talk to the police. Tell them that you don’t want to make a statement. Then shut up. If they want to arrest you or write you a ticket, then let them. You won’t beat them in the street. Let your lawyer beat them later. Most cops are moronic meatheads who enjoy beating people up in order to gain a sense of power. Don’t give them an excuse.