Charges possible in LA Walmart pepper spraying

Los Angeles police Detective Lt. Tim Torsney provides details of the investigation.

Police may seek charges against the woman whose use of pepper spray in a scrum with bargain seekers at a Los Angeles Walmart became a national talking point.

Los Angeles police Detective Lt. Tim Torsney told reporters late Monday afternoon that the 32-year-old woman, whose name hasn't been released, was a suspect in the "unlawful use of O.C. spray." 

"O.C." stands for oleoresin capsicum, an extract of superhot chili peppers. Its use in spray form as a crowd-control agent has focused attention on police response to Occupy Wall Street protests in several U.S. cities.

The incident seized public attention and held it through the weekend as a symbol of the annual post-Thanksgiving consumer frenzy that traditionally opens the Christmas shopping season.

Describing a "chaotic situation," Torsney said, "We need to do something better as a society to control ourselves."

The incident occurred just after 10 p.m. Thursday at an early Black Friday sale at a Walmart in Porter Ranch in the San Fernando Valley region of Los Angeles. Fourteen people have come forward who either were directly sprayed or were exposed to the stinging chemical, and as many as 10 others may have been exposed, Torsney said.

Torsney said police would forward the case to the district attorney for possible charges against the woman, who turned herself in Friday night. She refused to answer questions and was released. 

"If you use O.C. spray for anything other than self-defense, it could be a felony or it could be a misdemeanor, depending on the circumstances," Torsney said. 

That decision is up to the district attorney, he said, but the key determiner is "the suspect's state of mind at the time the incident took place."

Detective Michael Fesperman said at the news conference that two separate groups of shoppers were trying to get to a pallet of Xbox games. The suspect may have gotten caught up in the melee and may not have meant to use the spray as a weapon, he said.

"This may have been a case of self-preservation," he said.

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Lock her up and that fat pig for assault with a deadly weapon.

  • 10 votes
Reply#1 - Mon Nov 28, 2011 8:23 PM EST

I agree, but add that idiot off-duty cop, who was working for Walmart in North Carolina, to that list since he did almost the same thing.

  • 10 votes
#1.1 - Mon Nov 28, 2011 10:31 PM EST
Reply

The suspect may have gotten caught up in the melee and may not have meant to use the spray as a weapon, he said.

Horse's ass. She just accidentally had her finger on the trigger and accidentally pulled it out of her pocket. Yeah, we're dumb.

  • 13 votes
Reply#2 - Mon Nov 28, 2011 8:29 PM EST

The suspect may have gotten caught up in the melee and may not have meant to use the spray as a weapon, he said.

The suspect may have gotten caught up in the melee and may not have meant to use the spray as a weapon...

Good thing she didn't have a gun or knife!

  • 1 vote
#2.1 - Tue Nov 29, 2011 9:28 AM EST
Reply

"Charges possible...."

Possible?

Really? REALLY???

  • 8 votes
Reply#3 - Mon Nov 28, 2011 8:29 PM EST

if u had copd or other lung problems ,pepper spray would be a life and death situation,not funny at all,she lucky someone didn,t beat her with one of the stores on sale baseball bat,too bad they didn,t.

  • 12 votes
Reply#4 - Mon Nov 28, 2011 8:30 PM EST

What a pathetic society we have become. We complain about Corporate greed and then turn around and act like this....all in the name of a holy holiday....shameful.

  • 9 votes
Reply#5 - Mon Nov 28, 2011 8:33 PM EST

It's not a "holy" holiday for me. It's secular cheer, and I take a sip for the pagans who worshipped the return of longer days for the sun at winter equinox, the holiday stolen by Christians for their prophet who was born in the spring.

  • 12 votes
#5.1 - Mon Nov 28, 2011 9:38 PM EST

Well, isn't 2229 just special.

  • 2 votes
#5.2 - Mon Nov 28, 2011 10:42 PM EST

Doesn't Holiday mean holy? Holi-day.

  • 1 vote
#5.3 - Tue Nov 29, 2011 12:12 AM EST

nice

    #5.4 - Tue Nov 29, 2011 12:44 AM EST

    @johnny-2270708 No, get your facts straight.

    The word Holiday has nothing to do with religion.

    That is the problem with you religious nuts, you try to see religion in everything and thing that everybody should just conform to your way of thinking.

    BTW, Paganism is much older than any christian based religion so 2229 is correct and you are very wrong.

    • 5 votes
    #5.5 - Tue Nov 29, 2011 3:24 AM EST

    QRC, yes, holiday does in fact come from holy day, because back in the dark and middle ages, all holidays were Church ones.

    2229 is very correct, Christmas is in reality a pagan holiday, Saturnalia and the druid mid-winter solstice celebrations, hijacked by the Roman Catholic church. That is why we bring trees into our homes and decorate them, as well has put up holly and mistletoe.

    I have no problem with Christians celebrating the birth of their deities, but I do get annoyed with them complaining about the "secularization" of the season. Just let everyone celebrate or not as s/he sees fit, for the love of Mike (or Santa, as the case may be).

    Happy Holidays, everyone! (except for the pepper spray babe, I hope she spends her holiday season in jail).

    • 4 votes
    #5.6 - Tue Nov 29, 2011 4:51 AM EST

    And to all....Merry Christmas!!!!!!!!!!!!!!!!!!!

    • 1 vote
    #5.7 - Tue Nov 29, 2011 8:53 AM EST
    Reply

    well next i go shopping i will be sure to take pepper spray and a taser,to get that slow poke granny out of the way

    • 7 votes
    Reply#6 - Mon Nov 28, 2011 8:39 PM EST

    I'll be cyber-pepper-spraying people this year.

    • 9 votes
    #6.1 - Mon Nov 28, 2011 9:48 PM EST
    Reply

    So if she is charged for pepper spraying the crowd, so should the off duty cop that did the same thing.

    • 16 votes
    Reply#7 - Mon Nov 28, 2011 8:54 PM EST

    Someone got pepper-sprayed... yeah it's outrageous I agree. But seriously we are faced with global financial meltdown, global climate change, complete corruption in Washington (and most states as well), massive unemployment and political gridlock throughout the nation. Newt Gingrich is leading the Republican presidential candidates - if that doesn't scare you what will? Really, this just is a distraction from the mounds of truly serious problems facing this country.

    Let's talk about some of those for a change!

    • 2 votes
    Reply#8 - Mon Nov 28, 2011 8:55 PM EST

    Uh, since this is a story about pepper spray, the suggestion we "talk about something else" is a derail.

    • 12 votes
    #8.1 - Mon Nov 28, 2011 9:08 PM EST

    Feel free to visit other threads, where other, "more important" topics are on the menu. You'll find plenty of others are already discussing them.

    • 7 votes
    #8.2 - Mon Nov 28, 2011 10:31 PM EST

    Overlord, there are plenty of "serious" stories you can read and comment on. You can just ignore the unimportant ones.

    By the way, I think being able to pepperspray others with impunity or not actually is rather important. This story deals with basic questions about our entire society: What saving a few bucks does to people, how far can people go when they feel their safety is in question, lack of respect for others, etc.

    • 3 votes
    #8.3 - Tue Nov 29, 2011 4:56 AM EST

    YOU talk about the stupid things you meantioned, but on another web site, overlump.

      #8.4 - Tue Nov 29, 2011 5:40 AM EST

      I, for one, am sick of people hijacking comments on articles that have NOTHING to do with politics for their obsessive political name calling and rants. If you want to talk about something else, go to another comments board, Overlord. No one is making you read or come to the comments sections of these articles.

      • 2 votes
      #8.5 - Tue Nov 29, 2011 10:27 AM EST
      Reply

      Self - preservation he said. Just like the cop that did the same thing after a man fell into a display. Bull. She was out front and did it to make sure that she was first. She need a fine and jail time. The cop should know better. What was he going to do next. Teaser him and then beet him with the teaser till he dies. (sic)

      • 5 votes
      Reply#9 - Mon Nov 28, 2011 9:26 PM EST

      "Considering charges"? What are these, the Keystone Moron Cops? If I'd've been there, that hag would've been wearing her pepper spray cannister up her rectum.

      Arrest her NOW, or find another line of work, idjits.

      • 4 votes
      Reply#10 - Mon Nov 28, 2011 9:36 PM EST

      Ooooh, tough pagan talk!

      • 2 votes
      #10.1 - Mon Nov 28, 2011 9:53 PM EST
      Reply

      Total nonsense. If I were one of the ones pepper sprayed, I'd go after her in court for sure! Disgusting behavior!

      • 6 votes
      Reply#11 - Mon Nov 28, 2011 9:38 PM EST

      Melanie this happened in CA. If you were IN the state you could probably sue and win. Not that this low life has anything worth taking but you could still go for it... maybe even make Walmart pay since it happened on their property... (sarcasm)

      • 1 vote
      #11.1 - Mon Nov 28, 2011 10:10 PM EST

      Totally agree Melanie. If I'd been one of the people this woman sprayed, I'd be screaming my head off to have her charged with the maximum.

      WalMart is not responsible for her reprehensible behavior.

      • 2 votes
      #11.2 - Tue Nov 29, 2011 11:26 AM EST
      Reply

      Charges "possible"?!?! WTF???

      • 2 votes
      Reply#12 - Mon Nov 28, 2011 9:44 PM EST

      Why should she be charged? Cops abandon the use of force continuum and jump straight to peppers spray like it were candy.

      • 4 votes
      Reply#13 - Mon Nov 28, 2011 10:25 PM EST

      Sounds like a T party convention.

        Reply#14 - Mon Nov 28, 2011 10:28 PM EST

        What she did was horrible. She should be in jail right now for aggravated assault- all 15 to 20 counts. If it is found that anyone had breathing problems, it should be assault with a deadly weapon on that charge. All the injured parties should sue both her and Walmart. Maybe we need to do security searches before people are allowed into stores on Black Friday. She brought it to ensure she would be at the head of the line, knowing full well that it would harm people.

        This sort of behavior is getting all too common, as are the attempts to actually justify such a despicable act. I wonder how many of her apologists would feel if they had been the one assaulted. The winter holiday season would be nice if people just respected each other and thought about their actions. From the swarms of violent shoppers to the Christians so insecure in their faith that they need their religion enforced by the government, things are out of hand. This holiday season used to celebrate the return of the Sun, and therefore life. It was a time to spend time with your family and friends to eat, drink and be merry, and to appreciate what you had. Of course, the season was hijacked by followers of a new religion and the result is this. We should all try to get back to the real meaning of the holiday and enjoy it in peace and love as it was meant to be.

        • 2 votes
        Reply#15 - Mon Nov 28, 2011 10:43 PM EST

        "If you use O.C. spray for anything other than self-defense, it could be a felony or it could be a misdemeanor, depending on the circumstances," Torsney said.

        Unless of course you are a policeman pepper spraying kids sitting on a sidewalk.

        • 6 votes
        #15.1 - Mon Nov 28, 2011 11:28 PM EST
        Reply

        'Charges possible...' meaning, there is a possibility of no charges being filed as well?! C'mon- the woman assaulted over 20 people. I think some serious jail time is in order!

        • 4 votes
        Reply#16 - Mon Nov 28, 2011 11:02 PM EST

        :stares at article: Oh my... Possible? Should that be definite?

        Just imagine if one of those kids that were there was asthmatic. Just imagine the uproar that would be happening, even more than the uproar that is happening now. This lady should be charged with battery and assault with a potentially deadly weapon.

        It's just not right that someone would use something like that against fellow human beings over material things.

        • 5 votes
        Reply#17 - Mon Nov 28, 2011 11:06 PM EST

        The cops must be careful. You have to treat illegals with kid gloves.

        • 1 vote
        Reply#18 - Mon Nov 28, 2011 11:14 PM EST

        Illegals? Who said anything about illegals? And what are the chances that if she were illegal, she'd willingly bring that sort of attention to herself? Let alone turn herself in?

        Oh, I get it, Pro. Only illegals create problems in this country, right?

        Right. Yeah.

          #18.1 - Tue Nov 29, 2011 8:59 AM EST
          Reply

          Shouldn't they be arrested the OWS cop who pepper spray all the innocent protesters?

          • 3 votes
          Reply#19 - Mon Nov 28, 2011 11:21 PM EST

          This is the US, Laws don't apply to the rich or their paid police minions.

          • 4 votes
          #19.1 - Mon Nov 28, 2011 11:28 PM EST
          Reply

          "If you use O.C. spray for anything other than self-defense, it could be a felony or it could be a misdemeanor, depending on the circumstances," Torsney said.

          Unless of course you are a policeman, pepper spraying kids, sitting on a sidewalk.

          • 5 votes
          Reply#20 - Mon Nov 28, 2011 11:23 PM EST

          POSSIBLE charges???? If that's not 14 counts of assault and battery, what is?

          • 4 votes
          Reply#21 - Mon Nov 28, 2011 11:26 PM EST

          The lady standing next to her said the woman had repeatedly pulled it out and bragged how she has pepper spray. So of course she sprays and it is self defense? Against what? Shallow, greedy people all wanting the same toy she wants is not threatening her it's threatening her craven want for more, more, more. If they don't charge her then we might as well just close up the police shops because they are clearly just trying to avoid scrutiny and hassle. It's about time to kick some manners into some Americans.

          • 3 votes
          Reply#22 - Mon Nov 28, 2011 11:27 PM EST

          If was on the jury....I WOULD WANT TO KNOW WHY SHE HAD PEPPER SPRAY WITH HER AND WHAT WAS IT DOING OUT TO "ACCIDENTALLY GO OFF". I don't understand police thinking on this...it seems like they're looking for reasons not to charge...usually I'm on the other side supporting people who simply are defendind themselves...but not here.

          • 2 votes
          Reply#23 - Mon Nov 28, 2011 11:35 PM EST

          The people who got pepper spray should sue Walmart for lack of security to control the animals that were out that night. They are all so pathetic.

            Reply#24 - Mon Nov 28, 2011 11:45 PM EST
            Reply

            I'm not sure what I think. We have all been in that situation. I would have liked to do the same thing- but I didn't. If we wait patiently in line, it seems impossible to do anything to anyone who chooses not to. So- what are our options. Let them do it? I don't think she did the right thing since it involved innocent people, but geez, if we wait for help we probably won't get it. Frankly, I think they should eliminate black Friday. People will buy just the same.

            I also wonder- what in the world Walmart could possible have that makes people behave like this?

              Reply#25 - Mon Nov 28, 2011 11:49 PM EST

              No, I've never been in that situation. I'd rather be eaten by wild pigs than go Black Friday shopping.

              However, even if I did go out into that kind of insanity, I would not be pepper-spraying other shoppers to keep them from getting to an item before I did.

              Would you?

              • 1 vote
              #25.1 - Tue Nov 29, 2011 11:52 AM EST
              Reply
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