Denver police arrested a protester Thursday night and used pepper spray on a group, ending a series of nights of relative calm between protesters and police.
A June 5 order by a federal judge strictly limits how and when Denver police can use pepper spray on protesters. The attorneys who filed the case prompting the federal order are investigating the Thursday night incident and whether police followed the court order when they used the spray.
“We’ve asked the city attorney to give us the body camera footage and the reports involved,” attorney Ross Ziev said.
The protester was arrested at East 14th Avenue and Lincoln Street for refusing to move from a roadway that the protesters had been blocking, Denver police spokesman Jay Casillas said.
“At one point, the demonstrators and protesters were rocking vehicles that were there or jumping on top of the vehicles, so officers went and they told protesters to get off the roadway,” Casillas said. “Most of them complied except for that one.”
While police arrested the man, the group of protesters moved closer to the officers and shouted at them, multiple videos from the intersection show. “Let him go! Let him go!” the group chanted.
One of the officers yelled “Get back!” at the group before using pepper spray about 8 seconds later, one video shows. Another video of the same incident shows the officer spraying the chemical at the group of protesters closest to him and then turning and spraying it more widely.
Video isn’t too clear but they are arresting someone on the hood of the car and then you see one office use his pepper spray at least twice #DenverProtest pic.twitter.com/Dru2B3aDDa
— cowgoth 🤠⛓️ (@b0bswagget) June 12, 2020
The restraining order mandates that an officer with the rank of lieutenant or above authorize the use of pepper spray before it can be deployed. The order also forbids Denver police from using pepper spray unless an order to disperse is given and groups are given adequate time for people to comply with that order.
“If it appears that the intended audience was unable to hear the order, the order must be repeated prior to the use of chemical agents or irritants,” U.S. District Court Judge R. Brooke Jackson wrote.
Casillas could not immediately say Friday morning whether the officer who used the pepper spray had the permission of a lieutenant or if the department believed the officer followed the rules of the court order.
