LANSING, Mich. (WLNS) — 6 Information has obtained surveillance video of a pepper-spraying incident of two younger males in late August that seems to problem the official narrative from the East Lansing Police Division.
In accordance with a information launch by police on Sept. 26, they arrested two younger males on Aug. 24 after “they observed physical violence” whereas the 2 males have been ready in line exterior a preferred restaurant in downtown East Lansing. Nonetheless, the lawyer for one of many males says the restaurant’s safety footage exhibits his shopper appearing peacefully, attempting to calm his good friend down and take away him from the scenario.
Protection legal professional Jack Rucker supplied the video to six Information Investigates. He says the video was within the possession of the town of East Lansing however was not launched on Sept. 26 as a part of a public launch of paperwork and movies associated to the incident.
“It is my position that this illuminates and contradicts the narrative that was put out about this incident, and that’s why it was not released,” Rucker stated. He represents Lonnie Smith, 21, one of many males arrested because of the incident.
6 Information Investigates reached out to ELPD Chief Jennifer Brown on Friday with a number of questions concerning the safety video.
Carrie Sampson, communications director for the town, responded by electronic mail.
“We have no further comment on this case at this time,” she wrote.
Smith and the opposite man concerned, Mason Woods, 22, have been each charged with disorderly conduct combating in 54-B District Courtroom in East Lansing on Aug. 25. Woods was moreover charged with a misdemeanor resisting, obstructing, and/or hindering an officer.
In a Sept. 26 information launch, police describe the incident and arrest of Smith and Woods.
Learn the Sept. 26 Information Launch
ELPD information releaseDownload
A number of ELPD officers responded to a crowd the place police say they noticed bodily violence occurring between Smith and Woods.
Police say officers on scene issued a number of loud verbal instructions in an effort to disperse the gang and deescalate the scenario, however regardless of these repeated lawful orders, Smith and Woods continued to disregard them and actively interact in bodily altercations.
In response to the violent commotion, police say an officer deployed Oleoresin Capsicum (OC) spray, a nonlethal device designed to deescalate the dysfunction and halt additional combating.
Watch the physique digicam movies launched by East Lansing
What the surveillance video exhibits
Rucker stated the surveillance video from a digicam on the entrance of Dave’s Scorching Rooster contrasts with the police assertion. The video doesn’t have audio.
Woods, Rucker stated, was ready in line to enter the rooster eatery when an argument started. The legal professional stated Woods was in line alone, however others have been trying to achieve entry to the restaurant with him. This, Rucker stated, results in a largely verbal confrontation.
Throughout this altercation, Smith could be seen coming into the vestibule exterior of the restaurant and trying to extract his good friend.
“They’re having some kind of ongoing altercation. Lonnie is now going to try and get his hands around Mason to try and physically extract him from this situation,” Rucker stated. “That is his goal and his purpose. And you can see that he’s has a very calm demeanor. He’s not shouting. He’s not yelling. He’s not shoving anybody. He’s just trying to get his friend out of there.”
The surveillance video then exhibits East Lansing Police Division officers intervening and deploying pepper spray towards Woods, Smith and others within the crowd.
Screenshot of safety footage displaying Lonnie Smith. (WLNS)
Lonnie Smith is circled in yellow. (WLNS)
Screenshot of safety footage displaying Mason Woods. (WLNS)
Mason Woods circled in yellow. (WLNS)
‘Radically totally different’
Michigan State College felony justice professor David Carter beforehand instructed 6 Information Investigates that, primarily based on simply the physique digicam movies, the deployment of pepper spray seemed to be justified. Nonetheless, after seeing the newly obtained surveillance video, he has modified his evaluation.
He stated the surveillance video exhibits a “radically different” scenario than the police physique digicam movies.
“There was at least one, maybe two other officers there that were present that could help control the situation,” Carter stated. “To me, it looked like the officer just walked in, sprayed the pepper spray without really trying to understand the dynamics.”
The professor stated it’s potential the officer had extra data earlier than deploying the pepper spray.
The officer who deployed the pepper spray was Andrew Lyon, who didn’t determine any distinctive details about the scenario or these concerned to help using the chemical.
In his police report, Lyon wrote, “RO [responding officer] observed the subjects were getting more upset and the fight was escalating. At this point, RO deployed his PCA on the 3 subjects that were involved in the physical altercation.”
Carter notes that the physique digicam video reveals the officer’s perspective, however the safety footage reveals a broader view of the scenario.
Rucker stated Lyon didn’t have a full understanding of what was occurring when he entered the scene.
“He can’t see what’s going on. All he sees is another officer is in there trying to talk to people, trying to de-escalate. He doesn’t confer with her. He doesn’t ask what’s going on. He doesn’t give any commands,” Rucker stated.
“He just walks in and sprays — and he walks and carries himself with a casualness that I think is deeply, deeply concerning the way that he breaks this fight up with this pepper spray. This fight — the way that he breaks this situation up with this pepper spray is how somebody would deal with two dogs that are fighting. And you could see his demeanor throughout this entire incident is unnervingly calm.”
As well as, Carter stated using the pepper spray seemed to be “a little bit indiscriminate.”
Rucker concurs.
“He’s indiscriminate with the way that he is deploying this pepper spray. So I don’t know if it’s East Lansing failed to train him properly on how to use this before giving him a dangerous chemical agent to deploy, or if he just wouldn’t have taken that training anyway because he has the pepper spray and he’s going to use it as he sees fit,” Ruckers stated.
“There is absolutely no justification for this use of force in this particular manner. It’s completely beyond the pale and completely repugnant to the Constitution and the Fourth Amendment to the Constitution.”
Distance considerations associated to pepper spray
Screenshot of Lonnie Smith, 21, being pepper-sprayed by East Lansing Police Officer Andrew Lyon on Aug. 24. The screenshot is from safety video from Dave’s Scorching Rooster. It was obtained by ELPD on Sept. 16 and given to protection legal professional Jack Rucker, who launched it to six Information. (WLNS)
The space between the pepper spray cannister and Smith’s face can also be a priority, stated Rucker.
“All the research that I can find on the proper use of that spray is that it should not be deployed in less than three feet. If you are too close one, you’re taking the risk that you’re going to pepper spray yourself in two. There’s a hydraulic needle effect that this specific brand and model of pepper spray of pepper spray has that has the potential to cause serious damage if it is deployed at that close of range,” Rucker stated.
“You are seeing this sprayed almost directly into my client’s eye. He takes the full brunt of this spray. He takes it. He has more more of a severe dose than anybody else in this area. And he was not even the person who was causing any kind of a ruckus. The damage that he sustained and that he absolutely could have sustained had that been just centimeters further to a direct shot into his eye, would have left him with permanent injuries.”
Screenshot of Mason Woods, 22, being pepper-sprayed by East Lansing Police Officer Andrew Lyon on Aug. 24. The screenshot is from safety video from Dave’s Scorching Rooster. It was obtained by ELPD on Sept. 16 and given to protection legal professional Jack Rucker, who launched it to six Information. (WLNS)
The accredited checklist of much less deadly weapons from the ELPD identifies the spray used as “Def-Tech / Sabre (PCA, MK9 & MK46).”
Sabre is the producer that produces this gear and pepper spray. In an emailed assertion to six Information Investigates, they clarify the rationale for a minimal three-foot distance when deploying their product.
“The #1 reason is for retention of the pepper spray as officers are within arm’s reach when they use at distances of less than 3 feet. There is also a very small chance of splash back onto the officer. There is a very small chance of injury to the soft tissue when used within 3 feet although we’ve never heard of such an incident occurring.”
‘Held till sober’ assertion challenged
Rucker additionally takes exception to a characterization by police that Smith was intoxicated on the time of the incident.
“The police at East Lansing police falsely stated that they released him when he was sober, that they put him in the drunk tank until they got sobered up,” he stated. “I want to emphasize that Lonnie Smith was sober that night.”
In a Sept. 26 information launch from the division, police claimed, “Smith was held until sober and released later that day.”
However physique digicam footage and the police report problem that assertion.
“Let’s get a PBT,” Lyon is heard saying in video digicam footage launched by ELPD. However physique digicam footage doesn’t present the breathalyzer being carried out. The police report doesn’t embody details about a breathalyzer or outcomes, one thing Rucker stated is “highly unusual.”
Further physique digicam footage reveals that Smith’s time in custody is about 60 minutes. This consists of the time of being pepper-sprayed, handcuffed, transported to jail, searched, booked and in the end issued a ticket and launched.
Did race play a task?
Information from 2024 exhibits the East Lansing Police Division was concerned in a disproportionate variety of incidents involving using drive by ELPD officers towards Black and African American individuals within the metropolis. Information from June and July additionally confirmed a disproportionate variety of Black and African American individuals being topic to using drive.
Rucker stated the race of Woods and Smith seems to play a task.
“Their reaction and their time of their short timeframe before they decide to deploy less lethal is so shockingly short that the only conclusion we can make is that they did a rush to judgment, that they saw a group of African American males downtown causing some kind of a ruckus and leapt to the conclusion that this was about to be a brawl,” Rucker stated.
“And they did so without stopping to try and de-escalate the situation, without stopping to get more information. If they had stopped and asked what was going on, this situation wouldn’t have happened because at that point my client, Mr. Smith, would have been able to get his friend out of that situation. It is my position, and I think it’s very clear from the video that the behavior of Mr. Mason Woods shows that he did not know the police were even there.”
WLNS 6 Information Reporter Zack Priehs contributed to this report.
