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UC Davis Police Pepper-Spray Seated Students In Occupy Dispute (VIDEO) (UPDATES)

First Posted: 11/19/11 10:59 AM ET Updated: 11/20/11 07:22 PM ET

WASHINGTON -- On Friday, a group of University of California, Davis students, part of the Occupy Wall Street movement on campus, became the latest victims of alleged police brutality to be captured on video. The videos show the students seated on the ground as a UC Davis police officer brandishes a red canister of pepper spray, showing it off for the crowd before dousing the seated students in a heavy, thick mist.

This incident recalls the earlier infamous pepper spraying by a New York Police Department official of several women who were seated and penned in. The UC Davis images are further proof that police continue to resort to brutal tactics when confronting Occupy activists. One woman was transported to a hospital to be treated for chemical burns.

"The UC Davis students were peacefully protesting on the quad," wrote one student who took videos in an email to The Huffington Post. The filmmaker, a senior, asked that his name not be used for fear of retribution by campus authorities. "The cop gave them 3 minutes to disperse before he said they would come and disturb the protest. The main objective for them was removing the tents. ... The students did have a right to be on campus, they were assembling peacefully and the campus was open at the time."

In a longer version of the video, the students are shown seated across a stretch of walkway surrounded by more than a dozen UC Davis cops, dressed in riot gear and clutching batons. Many other students are standing along the sides of the scene, watching and protesting as the standoff unfolded. Some students shouted "Thugs on campus!" and "From Davis to Greece, fuck the police!" Those chants were tamped down quickly by others, who warned all to "Keep it peaceful" and "Keep it nonviolent."

So the students started up a new chant that would prove prophetic: "You use weapons! We use our voice!"

At one point, one of the riot cops ambles over to the seated line and asks one of the students a question. The student replies, "We're sitting here."

The police officer then returns to his position with the other officers. He also turns his back on the seated students, as does at least one other officer. They show no fear that the students might turn violent or threatening. The first cop talks on his radio for a while.

After a few "mic checks" and few more chants, a cop goes back to the seated students. The student asks, "You're gonna shoot me for sitting here? You're shooting us for sitting here?"

Roughly a minute later, the officer can be seen shaking the pepper spray canister as the gathered students start shouting, "Don't shoot your children!"

As the officer began spraying the group of students, onlookers screamed, "Don't do it! Don't you do it!"

A news account captured the officer on camera spraying the students. The account names the officer as UC Davis Police Lt. John Pike. He did not return a voice mail message nor an email left Friday night. His voice-mail box eventually filled up to capacity as his name and phone number were posted on Twitter.

The UC Davis Police Department did not return calls from The Huffington Post seeking comment.

The UC Davis chancellor, Linda P.B. Katehi, released a statement Friday. It states, "We deeply regret that many of the protestors today chose not to work with our campus staff and police to remove the encampment as requested. We are even more saddened by the events that subsequently transpired to facilitate their removal."

Nathan Brown, an assistant English professor at the university, released an open letter to the chancellor, calling for her resignation. He wrote, "You are responsible for it because this is what happens when UC Chancellors order police onto our campuses to disperse peaceful protesters through the use of force: students get hurt."

The student filmmaker, who says he is not part of Occupy Davis, told HuffPost, "I couldn't believe it. I didn't think such a thing would ever happen on campus over a tent being on campus. It's embarrassing on the part of the police to take such actions."

Another video shows officers body-slamming a student in what appears to be a confrontation earlier in the day. Ten students were arrested Friday on campus.

After the pepper spraying, the crowd of students began marching down the quad. The UC Davis cops? They're pushed back down the walkway and finally leave. The students start an old cheer that rang true again, "Whose quad? Our quad!"

UC Davis Police Chief Annette Spicuzza defended her officers' actions to KCRA. She argued that it just wasn't safe for students to camp on the quad. "It's not safe for multiple reasons," Spicuzza said.

In a report by the CBS Sacramento station Friday night, Spicuzza said the officers' own safety was also a concern. "If you look at the video, you are going to see that there were 200 people in that quad," she said. "Hindsight is 20-20, and based on the situation we were sitting in, ultimately that was the decision that was made." Spicuzza also said authorities were reviewing the videos.

UPDATE: Nov. 19, 11:55 a.m. -- Claudia Morain, a UC Davis spokesperson, told The Huffington Post that there were 35 police officers on the scene, 50 occupiers and 200 bystanders.

She said that UC Davis officials had warned the occupiers that they could not set up a tent city. They were given notice that they had to clear out their tents by 3 p.m. on Friday. Some complied. Others did not.

"I can't speak for the thought process for the officer," Morain noted about the use of pepper spray. She said that the officers were essentially trapped (the videos suggest otherwise) and had to transport several of the arrested students. "The pepper spray was used because they needed to get out of there," she said, emphasizing that the students were repeatedly warned before the spray was deployed.

Morain admitted that she had not thoroughly studied the videos of the incident.

But she said, "We are just not going to allow a tent city. Just period. In these budget times, we shouldn't use resources that should be going to our core academic mission going to a tent city."

Nine students and one nonstudent were arrested. "The police tried to use the least force that they could," Morain explained.

WATCH a 15-minute video of events immediately surrounding the pepper-spraying:

UPDATE: Nov. 19, 12:49 p.m. -- In a statement, Bernie Goldsmith of the nearby Occupy Davis, a separate group from Occupy UC Davis, said:

At Occupy Davis, relations with the democratically elected city council and local police forces have been genial and productive. The authorities have worked continuously to harmonize the occupation's presence with the park and surrounding businesses and ensure that all aspects of the encampment remain non-violent. Those in charge of using force are aware that they are democratically elected officials that are directly accountable to the people.

Occupy UC Davis, a mere three blocks away, is under the jurisdiction of an undemocratic, appointed regime of force over which its subjects have no meaningful democratic control. The authorities there attacked non-violent protesters with indifference, and, in some cases, a clear display of sadistic pleasure.

There could be no better illustration of the differences between a democratic, accountable public safety effort and a fascist, totalitarian, unaccountable police state. The students of UC Davis have no meaningful voice, and that is reflected at the very top of the administration down to the officer on the ground who can spice up his day with a confident sense of utter, unassailable impunity.

UPDATE: Nov. 19, 9:17 p.m. -- UC Davis student Thomas Fowler, who made perhaps the best-known video capturing the pepper-spray incident at UC Davis, answered several questions in an email exchange with HuffPost.

When the pepper spraying started, he said, "I was just completely appalled, I was just speechless. ... I couldn't fathom what reason they believed they had to spray the students. ...[T]hey could have easily just stepped over them and left peacefully."

Moreover, he said, "No tents were confiscated yesterday. The protesters were able to break them down and get them off the Quad before the police officers could do anything about it. Which makes their actions that much more confusing, seeing that the reason they were called to the campus was to have the tents removed."

Fowler said the mood on the campus "has shifted drastically. A lot of the students who were on the fence or weren't following the movement closely are getting very involved now. There [are] a lot of students calling for the Chancellor's resignation in response to what had occurred yesterday."

UPDATE: Two UC Davis police officers involved in the incidents have reportedly been placed on administrative leave.

WATCH a 42-minute video of events at the University of California, Davis:

Other citizen journalists around the nation have documented the Occupy protests:

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WASHINGTON -- On Friday, a group of University of California, Davis students, part of the Occupy Wall Street movement on campus, became the latest victims of alleged police brutality to be captured on...
WASHINGTON -- On Friday, a group of University of California, Davis students, part of the Occupy Wall Street movement on campus, became the latest victims of alleged police brutality to be captured on...
 
 
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COMMUNITY PUNDITS
SwingingFromCenter 01:27 PM on 11/19/2011
They were given ample warning. They were assembled illegally. They were disrupting the campus. They have no legal right to do so. They got taken out back to the woodshed. That's how this works. All you carryover hippies from the 60's and 20 year olds who were raised with a bubble around you and told you were a unique little snowflake need a lesson in how things work. You are not entitled to just do anything  Read More...
04:04 PM on 08/07/2012
Only in America
...and he hasn't been mugged yet.
11:02 PM on 12/20/2011
Found a spoof video that deals with Police Officers and Pepper Spray. Not quite sure what to think about it, but I thought I might as well share:

http://youtu.be/jiyg9Mih1_8

It's hard to believe that we sometimes have to fear the ones that are our protectors.
HUFFPOST SUPER USER
dbrett480
11:50 PM on 12/15/2011
Here is the full video of what really happened, not the liberal media's version.

http://www.youtube.com/watch?v=hhPdH3wE0_Y

I'm not saying the officer is in the right, but the video shows that this incident isn't just one-sided.
05:24 AM on 12/11/2011
Don't allow the brutal assaults to be forgotten. Display your outrage. Make Pike's name synonymous with pepper spray. Log onto:

http://www.cafepress.com/qqqquips/8340041
05:13 AM on 12/07/2011
If you look at other videos, you cn see the police were surrounded. The students refused to let the police leave unless they would release the arrested students. A close up of view allows at one point for you to hear an officer telling the students they would use force to get out of being surrounded and asked if they understood. The student said yes and refused to move to let the police leave with their arrested students. The police were provoked and the students were wrong. If you look in the video, pass the prominent police in the foreground, you can see they are in a ring faceing out at the ring of students around them who would not let them go. You can even hear the protesters saying "if you let them go, we will let you leave." Admission from the protesters that their intent is not to let the officers leave. See the linked video:

http://www.youtube.com/watch?feature=player_embedded&v=hhPdH3wE0_Y
02:58 PM on 11/28/2011
Don't do the crime, if you can't do the time, or in this case, take a little pepper spray.
This user has chosen to opt out of the Badges program
06:57 PM on 11/26/2011
Hey, Donnie Deusch - here's your "Kent State Moment".
08:55 AM on 11/26/2011
She argued that it just wasn't safe for students to camp on the quad. "It's not safe for multiple reasons,"

For example, you could get pepper sprayed by a cop.
HUFFPOST SUPER USER
kamact
Market Observer
11:27 PM on 11/25/2011
Systematic corruption,...where everyone is incentived to enrich and defend the interests of the 1%,...This is not Democracy,...This is not Capitalism,...This is no longer America,...Welcome to Corperica,...
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SOD
As kind as possible and as unkind as necessary.
07:46 AM on 11/25/2011
Peaceful protesters?

One of the U.C. Davis protesters inadvertently suggests otherwise.

http://newsbusters.org/blogs/...

What the protesters did sounds more like false imprisonment to me.
12:58 AM on 11/25/2011
Readers, You'll find a good concise article here, a quick read + link of footage taken simultaneously by 3-4 cameras and 'meme', other links to Humboldt County blogs.

http://humboldtsentinel.com/2011/11/23/pikes-pepper-and-assault-pique-the-occupy-palate/
11:53 PM on 11/23/2011
that second video brought tears to my eyes, so beautiful to see my generation stand up for what is right and just!
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AskandThink
OWS! Because WAR is HELL!
06:23 PM on 11/23/2011
http://news.yahoo.com/uc-davis-cover-medical-expenses-pepper-sprayed-students-174924541.html;_ylt=AjXMiZ9nD77HmiXdqMxqsFW1qHQA;_ylu=X3oDMTRvbW9nNWw1BGNjb2RlA2dtcHRvcDEwMDBwb29sd2lraXVwcmVzdARtaXQDTmV3cyBmb3IgeW91BHBrZwNmZTRjZTI3My1lNDA5LTM4ZDYtOWMxNi0zODQxYThmODc5YTYEcG9zAzgEc2VjA25ld3NfZm9yX3lvdQR2ZXIDOWMyMDkwYTAtMTVmYi0xMWUxLWJiYWItNWQ0ZmE0MjgzYjUy;_ylg=X3oDMTJzZ244NmgxBGludGwDdXMEbGFuZwNlbi11cwRwc3RhaWQDM2M0YzE5MmEtMTliZi0zNDY5LWE5NTgtMWZlMTI0NzYxOWJjBHBzdGNhdAMxcGhvdG8EcHQDMXBob3RvBHRlc3QD;_ylv=3

They will will they…. Ya THINK?!
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ericg10101
THAT'S SOME BAD HAT, HARRY...
04:20 PM on 11/23/2011
It's just outrageous. This was a campus demonstration full of love and peace. There can be no reason why stormtrooper police used lethal force on our beautiful children. What's next?
Arresting children for shootings on campus? We need to encourage our children to challenge authority and to create a new world where they can enjoy the freedom to be themselves.
All rules are oppressive. Our children should have unlimited rights to do only what they want to do.
04:50 PM on 11/23/2011
I don't know if you've noticed, but the people complaining about this do not primarily have a problem with the arrest of the demonstrators, but with the unnecessary, sadistic and illegal infliction of pain by an officer. The fact is that if this scene had come out of Tunisia, Egypt or Libya in the past few months, people on both sides of the political divide would have cried 'police state' --- and rightly so.
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ericg10101
THAT'S SOME BAD HAT, HARRY...
07:32 PM on 11/23/2011
Yes, I noticed. I hope that deaths were held to a minimum. It was just terrible to witness this level of police repression. Police in this country need to have all their weapons confiscated. Why can't we be like Great Britain where the police aren't allowed to carry guns? They have the ability to simply "talk" with potential criminals. We can pass laws that make it illegal for criminals to have guns. Government regulation of lethal weapons would have prevented this UC Davis tragedy.
02:29 PM on 12/01/2011
Maybe I saw the wrong video. The one I watched (15 minutes version) only showed Police pepper spray those who would not follow the directions of the officers. I say that is very non-violent. Pepper spray is much better than going in with batons and beating them into submission ala Rodney King. After an hour those kids were all fine and peacefully protesting in jail.
What did they think was going to happen? I'm all for the freedom of speech and assembly. But once you are told by Police to do something, they are not going to just forget about it if you don't want to.
07:11 PM on 11/24/2011
Sitting is equivalent to shooting? Goodness, you have no sense of scale.
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ericg10101
THAT'S SOME BAD HAT, HARRY...
07:55 PM on 11/24/2011
What?
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ericg10101
THAT'S SOME BAD HAT, HARRY...
07:57 PM on 11/24/2011
"Sitting is equivalent to shooting"? Goodness, you have no sense of reading comprehension.
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HUFFPOST SUPER USER
plmyfinger
A life without knowledge is death in disguise
01:41 PM on 11/23/2011
The Supreme Court of the United States has ruled numerous times since 1856 that law enforcement officers have no duty to protect any individual, despite the motto "protect and serve". Their duty is to enforce the law in general. The first such case was in 1856 (South v. Maryland) and the most recent in 2005 (Town of Castle Rock v. Gonzales).

Did exactly what they are meant to do, break up the mob.
Maybe they could have done it without pepper spray, I don't know.. no one does.
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VikingViking
Greed poisons everything
03:10 PM on 11/23/2011
"..law enforcemen­t officers have no duty to protect any individual­.."

From the FBI home-page:

"..Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.."

"...U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.

Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law.."
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AskandThink
OWS! Because WAR is HELL!
03:42 PM on 11/23/2011
Thank you for your civic service in disbursing this information!
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HUFFPOST COMMUNITY MODERATOR
nadreev
Na zdrowie, it means "to your health!"
04:20 PM on 11/23/2011
I like your commentary. Fanned not only for this one, but all of them.
07:00 PM on 11/24/2011
That is not a mob.
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SOD
As kind as possible and as unkind as necessary.
07:58 AM on 11/25/2011
It's no more and no less than an act of false imprisonment.

http://newsbusters.org/blogs/noel-sheppard/2011/11/24/uc-davis-student-admits-protesters-surrounded-cops-and-wouldnt-let-th