Elizabeth Macias: No Felony Charges For Woman Accused Of Pepper-Spraying Walmart Shoppers On Black Friday

LOS ANGELES -- A Los Angeles woman accused of attacking at least 20 Black Friday shoppers at a Walmart store with pepper spray won't face felony charges, prosecutors said Thursday.

The case of Elizabeth Macias, 32, was referred to city attorneys after county prosecutors didn't find evidence of a felony, said Sandi Gibbons, a spokeswoman for the Los Angeles County district attorney's office.

Macias could still face misdemeanor prosecution, Gibbons said.

Gibbons declined further comment on the case, saying it's no longer the county's to handle. Phone messages left Thursday night at numbers listed for Macias were not immediately returned.

Los Angeles police Detective Mike Fesperman told the Los Angeles Times that it's possible Macias used the pepper spray in self-defense. She was among a scrum of shoppers vying for Xbox video game players at the Walmart in Porter Ranch.

"I'm not saying it was right. It could have been a situation that she was in fear for her safety, that she would be crushed," Fesperman said. "It comes down to whether it was a matter of self-preservation or she was trying to gain access to the games."

Police had said they interviewed more than a dozen witnesses and examined store security videos and YouTube videos in which people can be heard saying, "I'm being trampled."

The shower of pepper spray created even more chaos. At least 20 people, including children, experienced nose and throat irritation or suffered cuts and bruises.

The pepper sprayer got away in the confusion, and it was not known if she bought one of the Xboxes. Macias turned herself into police the next day, but she declined to answer investigators' questions and was released.

Comments

[cats22]

06:49 PM on 01/03/2012

Since when do you get released when you don't answer police questions? Isn't that like giving false information to the police?

[critter1722]

09:36 AM on 12/11/2011

the real question is who takes there KIDS SHOPPING ON BLACK FRIDAY????????????????????????????????????????????????????????

[twninja]

04:22 PM on 12/10/2011

got me a nice tv at door buster price 4 days ago. I personally have never experienced black Friday shopping, and am not intended to in the future.

[dbrett480]

11:26 PM on 12/09/2011

There is no felony charges because she didn't commit a felony. Before people start complaining, look through the CA penal code. She is guilty of multiple counts of battery, but that is still only a misdemeanor.

[pciorlandosales]

07:42 PM on 12/12/2011

Multiple counts of battery. Including but not limited to battery causing physical harm.
Inciting a riot.
Using Pepper Spray in California
What is the pepper spray law in California? Misuse of tear gas in California comes with state penalties of up to a $1000 fine and/or up to three years in prison, not to mention a possible felony conviction on record. Examples of misuse include using tear gas on people in anger, spraying it as a joke, or possession of tear gas by prohibited persons. Minors, drug addicts or persons convicted of felonies, assault or misuse of tear gas are legally prohibited from possessing tear gas, although there are few barriers to procurement of tear gas by these people. To be legally purchased, possessed or used in California, any canister must have a label that says "WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. The contents are dangerous--use with care." The maximum legal net weight for a canister is 2.5 ounces, or 70 grams of OC.

[dbrett480]

12:41 AM on 12/13/2011

That is for tear gas. Pepper spray is not tear gas.

[pciorlandosales]

07:50 PM on 12/12/2011

Also endangering a minor or minor's. Child abuse. etc. These are all felonies and this lady would have been charged felonies in the state of Florida without a doubt. They are also felonies in the state of Cali.

[norepublicanleftbehind]

11:17 PM on 12/09/2011

So if all 20 spray her back will the court just call it even? No felony!?

[Callyson]

05:08 PM on 12/09/2011

Weren't there witnesses who overheard her say that she was going to use her pepper spray to get what she wanted? Doesn't mean she said that for sure but dropping felony charges seems a bit premature at best...
Also--Black Friday sucks. My sympathies to the employees who have to deal with customers like her.

[citizenlegisators]

03:35 PM on 12/09/2011

Hopefully some civil suits

[sibyl9]

02:10 PM on 12/09/2011

She injured children.

[norepublicanleftbehind]

11:18 PM on 12/09/2011

That has to be a felony.

[pinkindie]

01:40 PM on 12/09/2011

One of the many, many reasons why I stay home on Black Friday.

[cats22]

06:52 PM on 01/03/2012

Plus the fact that so many of the Black Friday sales are good for the entire holiday season. Many stores are also open on Thanksgiving Day. When will they start the Black Thursday special sales?

[sanddollardoves]

01:36 PM on 12/09/2011

why doesnt the lapd admit macias is a government employee who is getting treated like an elite. any of us in the private sector would have been arrested, and jailed for a
FELONY ASSALT. they do take care of their own.

[norepublicanleftbehind]

11:21 PM on 12/09/2011

Really? What does she do?

[dbrett480]

10:45 AM on 12/10/2011

This doesn't meet the penal code requirement for an assault with deadly weapon. It is a battery, which is a misdemeanor.

[RealistBC]

11:52 AM on 12/09/2011

Who does she know? What politician gets her donations? She's too well connected to prosecute? It's just another example of the decline of the quality of American life.

[CharliePoole]

11:23 AM on 12/09/2011

"It comes down to whether it was a matter of self-preservation or she was trying to gain access to the games."

Nice excuse... but what did SHE say?! Why was it not reported if she said that? And if she didn't, why even speculate that's the reason?

"The pepper sprayer got away in the confusion, and it was not known if she bought one of the Xboxes. "

I thought it was already reported here that she was seen buying the xbox.

[AndyB62]

11:17 AM on 12/09/2011

OMG! She's claiming self defense in a situation she volunteered for? She chose to stand in a crowd to buy as much as she could, and now she says she was defending herself. I guess the kids she sprayed were horrifying.

[gmb007]

11:04 AM on 12/09/2011

If you have to use pepper spray to go shopping, it's time to stay HOME.

[King Banhammer]

12:13 PM on 12/09/2011

Just one more sign of the insanity that is our consumer culture.

[blindeddie]

02:56 PM on 12/10/2011

I wouldn’t doubt that the jury will find the manufacturer of Xbox guilty of a felony by premeditated solicitation of the desires of the human animal.

[geddy lee is a god]

10:59 AM on 12/09/2011

People getting pepper sprayed and trampled...all in the name of Christmas.

All this time, I thought the Christmas holiday was about peace, faith, love, and joy. I guess the power of the Xbox supersedes those things.

[Kiri sute gomen]

11:14 AM on 12/09/2011

Your name speaks truth.

[geddy lee is a god]

01:42 PM on 12/09/2011

Master front man and bassist. I worship at the Temple of Rush.

[jaggeththewires]

04:27 PM on 12/10/2011

demi god, maybe!