Sunday, July 12, 2015

Black Man dies after getting pepper-sprayed by police in Alabama




By Holly Yan, CNN
Updated 2:54 AM ET, Sun July 12, 2015


Anthony Dewayne Ware

Story highlights

  • Anthony Dewayne Ware died after being pepper sprayed, but authorities don't know why
  • Police say the incident was captured on video, which will be released later

(CNN)A man arrested by Alabama police died shortly after he was pepper-sprayed, and investigators are trying to figure out why. 

A Tuscaloosa resident called police Friday night after spotting Anthony Dewayne Ware, 35, sitting on the front porch of a home with a gun, police said.

"Mr. Ware had an active warrant that had been verified for attempting to elude police," Tuscaloosa police Asst. Chief Ronnie Dunn said. 

When officers arrived, police said, Ware bolted and fled into the nearby woods.
"Officers chased him into the woods, and when the officers caught up to him, he resisted arrest," Dunn said. 

Police pepper-sprayed Ware, who continued struggling but was eventually handcuffed, Dunn said. But while officers were walking out of the woods with him, Ware collapsed. 

Officers performed CPR and called for medical help, police said. But after arriving at a local hospital, Ware was pronounced dead. 

A team of investigators from both inside and outside the Tuscaloosa Police Department has launched a probe into the death. 

Dunn said the incident was captured on video, which will be released to the public "as soon as the Tuscaloosa County homicide investigators say it can be released without hindering the ongoing investigation.

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Pepper spray is an inflammatory agent. It causes immediate closing of the eyes, difficulty breathing, runny nose, and coughing.[3] The duration of its effects depends on the strength of the spray but the average full effect lasts around thirty to forty-five minutes, with diminished effects lasting for hours.

The Journal of Investigative Ophthalmology and Visual Science published a study that concluded that single exposure of the eye to OC is harmless, but repeated exposure can result in long-lasting changes in corneal sensitivity. They found no lasting decrease in visual acuity.[4]

The European Parliament Scientific and Technological Options Assessment (STOA) published in 1998 "An Appraisal of Technologies of Political Control"[5] with extensive information on pepper spray and tear gas. They write:

The effects of pepper spray are far more severe, including temporary blindness which lasts from 15–30 minutes, a burning sensation of the skin which lasts from 45 to 60 minutes, upper body spasms which force a person to bend forward and uncontrollable coughing making it difficult to breathe or speak for between 3 to 15 minutes.

For those with asthma, taking other drugs, or subject to restraining techniques that restrict the breathing passages, there is a risk of death. The Los Angeles Times reported in 1995 at least 61 deaths associated with police use of pepper spray since 1990 in the USA.[6] The American Civil Liberties Union (ACLU) documented 27 people in police custody who died after exposure to pepper spray in California since 1993.[7][8][9] 

However, the ACLU report counts any death occurring within hours of exposure to pepper spray. In all 27 cases, the coroners' report listed other factors as the primary cause of death, though in some cases the use of pepper spray may have been a contributing factor.[7]

The US Army concluded, in a 1993 Aberdeen Proving Ground study, that pepper spray could cause "[m]utagenic effects, carcinogenic effects, sensitization, cardiovascular and pulmonary toxicity, neurotoxicity, as well as possible human fatalities. 

There is a risk in using this product on a large and varied population".[10] 

However, the pepper spray was widely approved in the US despite the reservations of the US military scientists after it passed FBI tests in 1991. As of 1999, it was in use by more than 2,000 public safety agencies.[11]


The head of the FBI's Less-Than-Lethal Weapons Program at the time of the 1991 study, Special Agent Thomas W. W. Ward, was fired by the FBI and was sentenced to two months in prison for receiving payments from a peppergas manufacturer while conducting and authoring the FBI study that eventually approved pepper spray for FBI use.[9][12][13] 

Prosecutors said that from December 1989 through 1990, Ward received about $5,000 a month for a total of $57,500, from Luckey Police Products, a Fort Lauderdale, Florida-based company that was a major producer and supplier of pepper spray. The payments were paid through a Florida company owned by Ward's wife.[14]

Pepper spray has been associated with positional asphyxiation of individuals in police custody. There is much debate over the actual "cause" of death in these cases. There have been few controlled clinical studies of the human health effects of pepper spray marketed for police use, and those studies are contradictory. Some studies have found no harmful effects beyond the effects described above.[15]

Direct close-range spray can cause more serious eye irritation by attacking the cornea with a concentrated stream of liquid (the so-called "hydraulic needle" effect). Some brands have addressed this problem by means of an elliptically cone-shaped spray pattern.

Acute response

For individuals not previously exposed to OC effects, the general feelings after being sprayed can be best likened to being "set alight." The initial reaction should the spray be directed at the face, is the completely involuntary closing of the eyes (sometimes described as leading to a disconcerting sensation of the eyelids "bubbling and boiling" as the chemical acts on the skin), an instant sensation of the restriction of the airways and the general feeling of sudden and intense, searing pain about the face, nose, and throat. Coughing almost always follows the initial spray.

Subsequent breaths through the nose or mouth leads to ingestion of the chemical, which feeds the feeling of choking. Police are trained to repeatedly instruct targets to "breathe normally" if they complain of difficulty, as the shock of the exposure can generate considerable panic as opposed to actual physical symptoms.
Source: https://en.wikipedia.org/wiki/Pepper_spray