New York State Police
Oleoresin Capsicum Pilot Study On
Non-Lethal Use of Force Alternative


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Thomas A. Constantine, Superintendent
October 1993

EXECUTIVE SUMMARY

In the summer of 1992, Planning and Research began investigating the use of Oleoresin Capsicum (OC) as a non-lethal use of force alternative to the issue baton and 9 mm Glock. OC is the natural extraction from the Cayenne pepper plant. It is a non-toxic substance that causes temporary swelling of the mucous membranes, eyes and airways, thereby incapacitating subjects by limiting vision and making breathing difficult. OC has no long-term health risks and is non-persistent, requiring little or no decontamination.

The initials research included a survey of other law enforcement agencies that were using OC products. The overall results of the survey were very positive, with agencies reporting a decrease in the number of injuries to police officers and prisoners since they began using OC. The surveyed agencies also reported that there had been no injuries or successful lawsuits against them as a result of using an OC spray.

After the initial research was completed, it was determined that a pilot study should be conducted to properly evaluate the use of an OC product by our Members. After a review and testing of various OC sprays, it was determined that "Capstun", a product manufactured by Zarc international, was the most suitable OC product for Division purposes. On December 4, 1992, 32 Division Members were trained as certified Capstun Instructors and by February of 1993, these certified instructors had trained the Mobile Response Team and nearly 400 Field Training Officers in the use of Capstun. These Members pilot tested Capstun during the months of March, April, and May of 1993.

The results of the Pilot Study were very significant. Capstun was found to be effective against both humans and animals. It was effective against subjects who were mentally ill, emotionally unstable, and under the influence of alcohol or drugs. In 55 documented Capstun uses, no Member was injured and only 2 defendants were slightly injured. When these results were compared to the 'Injury to Member and/or 'Injury to Prisoner' instances in which Capstun was not available, the results were dramatic: during the same three month period 32 Members and 49 defendants were injured in similar arrest situations. This is very strong evidence that the use of OC greatly reduces the number of injuries to Members and defendants in arrest situations.

It is estimated that the cost of purchasing an OC product, including carrying case, for all Members would be a maximum of $110,000. The cost effectiveness of this product will be readily apparent in terms of reduced injuries to Members and defendants, and a corresponding reduction in both lost Member workdays and excessive force lawsuits brought against the Division. Training in the use of OC could be conducted at the Troop level during field firearms training. It is highly recommended that OC be approved for use by all Members statewide.

INTRODUCTION

The use of force is a necessary element of police work. In the performance of their duties, Members at times are called upon to overcome strong physical resistance or terminate acts of violence, regardless of the size and condition of either the Member or the resisting/violent subject. Police officers have the lawful authority to use force in the performance of their duties in accord with the mandates of Article 35 of the New York State Penal Law. Beyond basic self-defense techniques, Members presently are equipped with and trained in the use of the issue baton and the Glock 9 mm handgun, both defined as deadly weapons in Penal Law Section 10.12.

During In-Service Training, Field personnel have made inquiries concerning the use of chemical agents which could be used as a non-lethal, alternative weapon to the issue sidearm and the baton. In an effort to afford Members another level of response between open hand restraints and injury producing techniques of controlling resisting or violent subjects, Planning and Research initiated research into the various chemical agents now available. These alternatives could greatly increase public and officer safety by providing an effective non-lethal method of quickly and safely incapacitating violent or resisting subjects during arrest and custodial situations.

RESEARCH

During the summer of 1992, Planning and Research began investigating one such non-lethal weapon: Oleoresin Capsicum (OC). Oleoresin Capsicum is a naturally occurring mixture of oil and resin extracted from the Cayenne pepper plant. OC is classified as an inflammatory agent and is non-toxic. This incapacitating agent causes temporary swelling of the mucous membranes, eyes and airways, limiting one's vision and making breathing difficult. OC works well on individuals who are high on drugs, unlike CS or CN gases contained in Tear Gas and Mace. CN and CS are irritants which rely on pain compliance and are not always effective on individuals high on drugs. There are no long-term health risks associated with OC, and one recovers from its effect within forty-five minutes. Also, OC is non-persistent, requiring no decontamination.

Survey of Other Agencies

A national survey of twenty-three police agencies was conducted regarding the use of OC based aerosol weapons.

At the time of the survey, these agencies had been using OC for periods ranging from four months to two years. Seventy eight percent of the respondents reported a decrease in the number of injuries to prisoners since using these products. Eighty percent of the agencies have noticed a decrease in injuries to their members since using the sprays. None of the agencies have experienced any injuries to its members or defendants, nor have they had successful litigation against them due to the use of these products. All of the agencies maintain written training policies, and 94% require their members to be sprayed with the product as part of the training. Eighty-seven percent mandate their officers to document any incidents in which the sprays are used.

At the time of the original research, OC was being marketed by several companies. Zarc International, Inc., which produces "Capstun," and Def-Tec Corporation, which manufactures "First Defense," were found to be the two main competitors. Two other companies had products which were considered. One of these was a product called "Punch II," which was used by the Vermont State Police. This product was eliminated from consideration after it was discovered that there have been problems with the cans leaking. Another product that was considered is called "Precinct," but it was also eliminated from consideration after reviewing the response from the Colorado State Patrol. This product employs an oil based carrier, and there were problems with decontamination after the product was used.

All products tested were similar in concentration, containment and application. Following actual hands-on comparison and review of the experiences from the respondents to the survey, it was determined that Capstun was the only available product that met all of Division's needs. Capstun seemed to be the standard in the industry by which all other such products are measured and to which all other companies compare their own OC products. Capstun has been manufactured by Zarc International, Inc. since 1976 and has been field tested and proven effective without harmful after-effects by numerous law enforcement agencies throughout the United States. In fact, after extensive research and testing, the FBI approved the use of Capstun by its agents. Zarc International backs its product and has a customer service department available for consultation and questions.

Capstun is made from 100% natural Oleoresin Capsicum. Many other manufacturers use synthetic OC, which is not capable of producing the heat intensity of the natural OC. Capstun's propellant, Isobutane, contains no fluorocarbons, a substance known to have very hazardous effects on the atmosphere. The carrier used in Capstun is isopropyl alcohol, which has been proven safe through its daily use in both homes and medical facilities. The isopropyl alcohol carrier also provides a hotter effect than water-based carriers and presents none of the dissipation problems that are associated with oil carriers. None of its contents are mutagenic, that is, having the capacity to break down into other harmful agents. Most importantly, the product is non-carcinogenic and non-tumorigenic. It also utilizes a trigger-style activator, a feature with which all Members are familiar.

The overall design of Capstun's canister was found to be superior to the designs of other competitors. Due to the thickness of its walls, each canister was able to deliver more incapacitations per can, while maintaining a high level of pressure. This also resulted in a longer OC spray range than with other products. The trigger mechanism is shaped for a natural shooting grip, allowing for a quick aim and more accuracy. The activators on most of the competitors' units were of the "push button" style, allowing for accidental discharge and requiring more time in aiming at the target. Due to its shape and size, Capstun's canister is easy to conceal. (Since the Pilot Study began, some of the other manufacturers have redesigned their canisters and now market one that is similar to the one produced by Capstun.) Zarc also provides a one million dollar product liability insurance policy for its Capstun product. According to our research, none of the other OC companies provide similar coverage. It is for these reasons that the Division chose to employ Capstun for its pilot program.

PILOT STUDY

Instructor Certification and Training

To initiate the Division's pilot study in the use of OC spray, Zarc International, inc. presented an eight hour training session to 32 Division Members at the Academy on December 4, 1992. This training provided the Division with certified Capstun instructors who could train Division Members in each Troop in the use of this chemical agent.

Pilot Study Structure

A pilot study of the use of OC in the Field was initiated early in 1993. For the purpose of the pilot, Members qualified as certified instructors trained nearly 400 Field Training Officers and all Mobile Response Team Members throughout the state. Training, which consisted of a two and one-half hour lecture accompanied by demonstrations and a short video presentation, covered all aspects of the use of force as well as instruction in the actual use of the chemical agent. (Appendix A contains the Oleoresin Capsicum User's Lesson Plan.)

An important aspect of the program was the decontamination of the subject. Immediately upon securing the subject, each Member was responsible for decontamination of the chemical agent from the subject, using cold water, wet towels and washing with soap and water as soon as practicable.

An essential part of this pilot study was the reporting of each incident in which Capstun was used. Each Member was instructed that such reporting would be initiated first by File 3 teletype message, followed immediately by the submission of the NYSP Chemical Agent Report (see Appendix C). The File 3 was titled: "USE OF CHEMICAL AGENT/NO INJURY," unless an injury is incurred, in which case the title would be: "INJURY TO PRISONER/USE OF CHEMICAL AGENT." The File 3 message and completed reporting forms were submitted through Channels to the Assistant Deputy Superintendent-- Planning and Research.

Each Member who used the chemical agent was responsible for the timely notification of his/her shift Supervisor of such use. Barring extenuating circumstances or injury, the Supervisor was not required to respond, but would use his/her discretion for each incident. In all cases, the Supervisor would ensure that the Member had acted properly, that the subject had been decontaminated and that the proper Troop notification had been made.

Each newly trained Member was then outfitted with a special holster and spray canister for use during arrest and self-defense situations. For the purpose of this study, the Division approved the use of Capstun by these Members in the course of their regular duties. All reported uses of Capstun which occurred between March 1 and May 31 of 1993 were used for tabulation purposes during the Pilot Study.

Results

The results of the pilot study are very impressive. Of the fifty-five documented uses of Capstun during the three month Pilot Study, no member was injured when the product was successfully administered. (In one case, a member sustained minor scrapes in a scuffle with the subject after his spray apparently missed, and he failed to reapply the spray.) Only two subjects claimed injury as a direct result of the spray: one claimed a corneal abrasion; the other, a heavy cocaine user, bled for a short period of time from his mucous membranes. Both have fully recovered. (See Appendix D for a complete chronological listing of all capstun usage to date. Note that this listing contains all Capstun sprays from initial training in December of 1992 through the date of this report; the Pilot Study includes only those Capstun uses during the months of March, April, and May of 1993.)

During the three-month Pilot Study, fifteen incidents were received in March, fifteen in April, and twenty-five in May. All Troops except Troops "NYC" and "T" reported Capstun use. Troop "F" reported sixteen uses, Troop "B" reported ten, Troop "A" reported eight, Troops "C," "D," "E," "G." and "K" each reported four, and Troop "L" reported a single use. It is notable that in nearly every case of Capstun usage, the subject ceased resisting and voluntarily complied after a single spray of OC.

Fifty uses were reported by male Members, five by female Members. Forty-two uses involved male subjects, nine involved female subjects, and four involved animals.

Twenty-six incidents occurred during the "C" tour, nineteen during the "A" tour, and ten during the "B" tour. Thirty-five of the reported incidents involved subjects under the influence of alcohol, five involved subjects under the influence of drugs, and three involved subjects who were either mentally ill or emotionally unstable.

The Pilot Study demonstrated that the use of OC spray will provide a cost effective method of reducing injuries. Close scrutiny of all incidents reveals the product is equally effective in all situations, regardless of the mental state of the subject or the influence of alcohol or drugs. When properly administered, OC has demonstrated that it works as effectively with animals as it does with humans.

COMPARISONS

For comparison purposes, a review was conducted of File 3 terminal messages reporting injuries to Members and defendants in arrest situations in which the arresting Members did not have access to Capstun. During the three month period of the pilot study (March, April, and May of 1993), fifty-eight File 3 terminal messages were received at Division Headquarters reporting injuries to Members and/or defendants in arrest situations. In these arrest situations thirty-two Members were reported injured (twenty-nine during arrest and three subsequent to arrest) and forty-nine defendants were reported injured (forty while being taken into custody and nine subsequent to arrest.)

As illustrated in the chart below, these findings become very significant when compared to the fifty-five Capstun File 3 reports in which no Members and only two defendants reported being slightly injured. This is very strong evidence that the use of OC greatly reduces the number of injuries to Members and defendants in arrest situations.

CONCLUSION

The mission of the Division of State Police is to enforce the law while protecting the rights, property, and lives of the people of New York State. OC spray provides a tool by which Members can better fulfill this mission, enabling Members to subdue violent subjects while minimizing the risk of injury to themselves, defendants, and the public. It is highly recommended that the Division approve the use of OC by all Members.

If OC spray is approved for use by all Members, and funding is made available, it is recommended that the Division move forward quickly with its implementation. A Request For Proposal (RFP), prepared by the Quartermaster and based on the previously identified minimum specifications, should be forwarded to qualified vendors as soon as practical. When a vendor is selected and OC spray is purchased, all Members could be equipped with and trained in its use as early as the Fall 1993 Field Firearms Training.

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APPENDIX " C ":
CHRONOLOGICAL LISTING OF CAPSTUN USAGE
AS OF OCTOBER 1, 1993

Reported CAP-STUN Usage

12/06/92 - 6:30 a.m. - Troop L - Defendant sprayed in narcotics raid after refusing to comply with member's orders during his arrest. Subject immediately fell to the floor and was handcuffed without further incident. No injuries. Defendant's pit bull was also sprayed.

12/12/92 - 12:40 a.m. - Troop B - Intoxicated subject sprayed when he became belligerent and aggressive and challenged members to "try to arrest him" during his arrest for disorderly conduct. Subject continued to resist and was physically escorted from residence without further incident. No injuries.

12/20/93 - 10:15 p.m. - Troop A - Troopers responded to report of despondent subject threatening suicide with a knife who refused repeated commands to drop the knife. Upon being threatened with Capstun, the subject dropped the knife and was taken into custody as mentally ill person. (subject not sprayed.) No injuries.

12/23/93 - 2:33 a.m. - Troop R - After a foot-chase with a runaway, Trooper caught up with subject and a struggle ensued. Member sprayed subject, who immediately complied with arrest. No injuries.

02/13/93 - 3:40 a.m. - Troop C - Troopers, responding to large fight in progress, sprayed female who became abusive and hostile when being arrested for disorderly conduct. Defendant became passive and cooperative. No injuries.

02/l8/93 - 6:40 a.m. - Troop G - MRT member sprayed aggressive blue tick hound dog which became aggressive during arrest of XXX for murder. Retreated to corner.

02/19/93 - 2:30 p.m. - Troop B - Highly agitated and combative mentally disturbed suspect sprayed to effect his arrest. Subject became disoriented and confused and continued combative behavior. Second burst administered and defendant became totally compliant. Complete recovery; no injuries.

02/19/93 - 11:15 p.m. - Troop R - Two intoxicated brothers fighting at Cumberland Farms store. One sprayed when he became belligerent and approached member in threatening manner. subject ceased all aggressive behavior and complied with subsequent commands. No injuries.

02/20/93 - 3:38 a.m. - Troop C - Subject, upon arrest for DWI, became abusive and combative and was sprayed. Defendant became compliant. After being arrested and secured, defendant became abusive and disruptive and was sprayed a second time. Defendant again became passive and cooperative. Complete recovery; no injuries.

02/20/93 - 9:40 a.m. - Troop F - Members arresting defendant at his apartment with warrant of Arrest for Menacing. Defendant become very combative and attempted to hit member with n leather belt, at which time defendant was sprayed. Defendant became totally compliant. Complete recovery; no injuries.

02/20/93 - 10:00 ^.m. - Troop B - Member removed handcuffs from defendant, who was under arrest for DWI, at Station for processing. Defendant became combative and was sprayed. Defendant then complied with member's orders. Full recovery; no injuries.

02/20/93 - 11:45 p.m. - Troop C - Intoxicated defendant sprayed during arrest for violation of Order of Protection when he became combative. No further incident.

02/21/93 - 1:35 a.m. - Troop R - Members responded to fight in progress involving 7 people. One subject attempted to push member and was sprayed. Subject immediately ceased all aggressive behavior and complied with commands. No injuries.

02/22/93 - 9:20 p.m. - Troop B - Subject arrested by Border Patrol for Entry Without Inspection and broke windshield of Border Patrol Car. After defendant TOT members, he became combative at Station. Defendant and members fell to floor, defendant sustaining a bloody nose after hitting his nose on floor. Defendant continued to struggle and was sprayed. Full recovery; no Capstun-related injuries.

02/23/93 - 7:45 p.m. - Troop F - Members responded to ~ disorderly subject complaint. Subject pushed member at scene and was sprayed. Defendant became totally compliant. Full recovery; no injuries.

02/24/93 - 12:10 p.m. - Troop E - Member investigating a complaint of loose horses when complainant's dog attacked and bit member in the leg. Dog continued to attack member and was sprayed. Dog immediately broke off attack.

02/24/93 - 4:00 p.m. - Troop F - Member responded to a violent domestic dispute. Intoxicated husband became violent and threatening towards member. Subject began swinging arms when member attempted to handcuff him and was sprayed. Subject then became totally compliant and was taken into custody without further incident. No injuries.

02/26/93 - 9:12 p.m. - Troop F - After a short pursuit, Trooper effected stop of vehicle. Operator of vehicle approached member in combat stance with fists up and was sprayed after failing to comply with orders. Defendant immediately became complaint.

03/06/93 - 1:00 a.m. - Troop F - Members responded to a mother/daughter dispute. Intoxicated mother was arrested for Endangering the Welfare of a Child. Mother physically resisted members attempting to handcuff her and was sprayed. Defendant became totally compliant and taken into custody without further incident. No injuries.

03/06/93 - d:40 p.m. - Troop F - Trooper responded to Mentally Ill person complaint. Subject fled in vehicle and was pursued. Defendant exited vehicle and fled on foot, then took an offensive stance towards member attempting to place him in custody. Subject was sprayed and ran away, but was quickly subdued without further incident. Complete recovery; no injuries.

03/06/93 - 6:30 p.m. - Troop B - Female subject arrested by Customs and TOT members. When attempting to place subject into Troop car, she began kicking and trying to bite members, at which time she was sprayed. Defendant complied and was placed in Troop car without further incident. Full recovery; no injuries.

03/19/93 - 1:30 p.m. - Troop F - Member responding to KID. When returning to Troop car, approached by two large, barking, growling dogs. Dogs charged as member continued towards car, were sprayed and retreated. Neither appeared injured.

03/19/93 - d:30 a.m. - Troop F - Members investigating Burglary received information that perpetrator was in a vehicle behind a bar. Highly intoxicated male subject became combative when informed he was being placed under arrest and was sprayed. Subject became compliant and was taken into custody. Complete recovery; no injuries.

03/20/93 - 7:30 p.m. - Troop G - Member assisting Whitehall PD with arrest of unruly, intoxicated female who had been placed in rear of Whitehall ED police car. Defendant resisted handcuffs, kicking inside of car, and was sprayed. No further resistance; no injuries.

03/21/93 - 11:05 p.m. - Troop E - Male subject arrested for DWI and Criminal Mischief. Subject handcuffed in patrol room, slipped out of cuffs and dove through window. Members subdued suspect and returned him to patrol room. Subject then became combative and was sprayed, terminating combativeness. No injuries.

03/22/93 - 1:35 a.m. - Troop A - Despondent male subject threatening to injure himself and others. Member advised subject he was under arrest, at which time subject attempted to flee and was sprayed. Subject became compliant and taken into custody without further incident. No injuries.

03/22/93 - 10:10 p.m. - Troop E - Member attempting to question apparently intoxicated driver who refused to cooperate. Subject pulled away and refused to comply with instructions while member was placing him under arrest and was sprayed. Defendant became compliant And was secured. Complete recovery; no injuries.

03/23/93 - 11:55 p.m. - Troop F - Member observed vehicle being operated erratically; stopped vehicle in parking lot and interviewed operator. After being advised he was under arrest for DWI, subject became belligerent and pulled away from member, refusing to be handcuffed. Defendant was then sprayed and taken into custody. Complete recovery; no injuries.

03/23/93 - 5:20 p.m. - Troop I - Members received report of unruly patron at bar. Observed highly intoxicated, belligerent female in parking lot. Subject became combative, struggled to resist arrest and was sprayed twice - first burst was to side of face; second was in eyes. Subject immediately closed eyes and began coughing. No injuries.

03/26/93 - 3: 05 a.m. - Troop B - Members observed vehicle at high rate of speed and initiated high speed pursuit. Defendant lost control of vehicle and attempted to flee on foot. Subject became combative and was sprayed. First burst was partially blocked, and defendant was sprayed a second time, at which time defendant complied without further incident. Full recovery; no injuries.

03/26/93 - 8:20 p.m. - Troop B - Member called to assist Clinton Co. Fire Control with highly combative, intoxicated male. Member convinced subject to go to the hospital, and defendant placed in Ambulance. Subject again became combative, broke free of restraining straps and was sprayed. Subject immediately stopped aggressive behavior; no injuries.

03/27/93 - 11:54 p.m. - Troop F - Member investigating disorderly subjects in front of restaurant. Highly intoxicated female shoved member twice, and was placed under arrest for disorderly conduct. While enroute to Station for processing, defendant still very combative and began kicking windshield, steering wheel and member. Subject was then sprayed and immediately ceased aggressive behavior. No injuries.

03/30/93 - 9:30 a.m. - Troop F - Member responded to report of unknown animal in garage. Upon arrival, member located ~ rabid possum inside a garbage bag and attempted to force the animal out Animal ran out of bag and further into the garage. Member then sprayed the animal, incapacitating same.

04/01/93 - 2:25 a.m. - Troop B - Suspect arrested for Driving While Intoxicated and taken to Station for processing, where he became very combative and refused to cooperate, attempting to grab member's gun belt. Defendant was then sprayed, terminating his combativeness. No injuries.

04/03/93 - 6:15 p.m. - Troop R - Members responded to complaint of suicidal subject. when advised he was being taken into custody, defendant became combative and struggled, at which time he was sprayed. Subject complied with all subsequent commands and was taken into custody. No injuries.

04/03/93 - 9:45 p.m. - Troop A - Members responding to domestic dispute observed female standing along road shouting obscenities at neighbors and responding Troopers. Several requests were made for subject to desist; subject refused and was advised she was under arrest for Disorderly Conduct. Defendant immediately became violent and attempted to kick and bite members. She was then sprayed. No injuries.

04/03/93 - 10:30 p.m. - Troop C - Member attempted to stop vehicle and a short pursuit was initiated. Vehicle became disabled, and operator exited the vehicle and attempted to flee. Member chased and caught defendant, at which time subject was sprayed at close proximity, which terminated any further escape attempts. Full recovery. No injuries reported, but a short time later defendant claimed chemical burn to his eye. Troop C is investigating this Cal SO as an Injury to prisoner.

04/09/93 - 2:11 a.m. - Troop B - After defendant's vehicle left the road, member approached driver's side door, at which time defendant attempted to flee and was sprayed. Defendant immediately complied. No injuries.

04/09/93 - 10:05 p.m. - Troop B - Members observed defendant walking and advised him he was under arrest for outstanding traffic violation. Subject immediately fled, with member in pursuit. Subject continued to resist and was sprayed. Defendant immediately complied and was arrested with no further incident. Full recovery; no injuries.

04/13/93 - 1:40 a.m. - Troop B - Members responded to trespass complaint. While members were effecting arrest, subject became combative and was sprayed. Resistance ceased. Defendant fully recovered; no injuries.

04/15/93 - 2:10 a.m. - Troop A - Members responded to ~ report of a despondent, suicidal subject. Upon arrival, defendant was struggling with seven Ambulance personnel. While attempting to restrain defendant, subject became increasingly combative. After verbal warning, defendant continued to fight and was sprayed, at which time subject became compliant. No injuries.

04/17/93 - 2:20 p.m. - Troop C - Member stopped defendant for speeding. Check revealed suspended license. Subject attempted to remove his vehicle from the scene and became combative when member tried to stop him. Defendant attempted to punch member and was sprayed with two one-second shots. Defendant fell to the ground and became passive. Subject struck member's hand while the second burst was being sprayed, resulting in member being slightly affected. No injuries.

04/20/93 - 5:30 p.m. - Troop F - Member advised subject he was under arrest for public lewdness. Defendant attempted to avoid being taken into custody, at which time he was sprayed with a 1/2 second burst. Defendant became combative and fled; after a brief chase and struggle, defendant was taken into custody without further incident. No injuries.

04/23/93 - 12:40 a.m. - Troop A - Troopers responded to a call to assist Orleans County Sheriffs with a domestic disturbance. Female defendant was advised that she was under arrest for a Violation of a Conditional Release at which time she became combative. Trooper administered 1/2 second burst at which time she became compliant. No injuries.

04/23/93 - 10:55 p.m. - Troop F - Member observed operator of vehicle leave bar and stop in front of grocery store. While member was conducting field sobriety tests, subject fled. While chasing the subject, member attempted to spray defendant, but did not make contact. Subject assaulted member, escaped and was later apprehended.

04/25/93 - 2:40 a.m. - Troop A - Members observed a vehicle being driven onto the sidewalk in front of a bar. When operator was advised he was under arrest for DWI, he became combative and lunged at one of the Troopers. Member sprayed defendant with two one-second bursts, and he became fully compliant. No injuries.

04/27/93 - 7:50 p.m. - Troop G - Complaint of suicidal/emotionally disturbed 13 year old male received. Member observed subject riding bicycle and engaged him in conversation. Defendant became combative and began punching member, who attempted to restrain him. Subject continued to protest and was sprayed. Defendant immediately became compliant and was taken into custody without further incident. No injuries.

04/28/93 - 3:20 a.m. - Troop ~ - Members stopped a vehicle for VET and advised driver that he was under arrest for DWI. As members were arresting the operator, a passenger in the vehicle interfered with the arrest and grabbed one of the Troopers. At this time, a two second burst of Capstun was administered to this defendant and he became compliant. No injuries.

04/29/93 - 11:10 p.m. - Troop B - Members responded to ~ restaurant that had reported a disorderly patron. Subject became combative and was sprayed. Subject immediately complied with arrest. However, after recovering from effects of capstun, defendant again became combative and was sprayed a second time after which his aggression stopped.

05/01/93 - 10:05 a.m. - Troop F - Members attempted to arrest defendant at his residence for Grand Larceny. As members attempted to take defendant into custody, he pushed the Trooper and assumed an offensive stance. The Trooper administered a three second burst to the defendant's face, at which time he became fully compliant. No injuries.

05/03/93 - 10:45 p.m. - Troop F - Member and Coxsackie PD officer searched apartment with assistance of defendant's girlfriend. Defendant suddenly attacked girlfriend and attempted to choke her. Officer kicked out window of front door allowing Trooper to enter. While entering, member was cut on left hand. Defendant, upon seeing member, released girlfriend and started towards member, who advised him he was under arrest for Criminal Mischief charges. Refusing to comply, defendant began to strike at member, who then sprayed defendant. Subject offered no further resistance. No injuries to defendant.

05/05/93 - 12:50 a.m. - Troop G - Troopers assigned to investigate rollover accident. Subject placed under arrest for DWI in front yard of his residence. Defendant violently resisted. After several attempts to calm subject, defendant was sprayed. Subject continued to resist and was physically subdued without injury or further incident. Both members inadvertently had Capstun rubbed into facial area from subjects clothing; both recovered fully within 10-15 minutes.

05/07/93 - 9:s5 a.m. - Troop B - Troop B Narco Unit and two Troopers executed search warrant and encountered three pit bulls inside residence. A one second burst was administered to most aggressive pit bull, and all pit bulls exited immediate area and caused no further problems.

05/07/93 - 8:05 p.m. - Troop A - Member responded to dog bite complaint. Upon approach to residence, Trooper encountered black labrador retriever who rushed member. Member sprayed animal; animal retreated and was later confined by owner.

05/09/93 - 6:00 p.m. - Troop D - Subject being transported to Oneida County Correctional Facility for local low violation. Upon approaching correctional facility, highly intoxicated defendant became agitated and began making verbal threats and fumbling in the seatbelt area, ignoring repeated verbal commands to cease moving. Subject was then sprayed and immediately became compliant and ceased struggling. No injuries.

05/09/93 - 9:20 p.m. - Troop F - 8augerties PD requested SP assistance regarding possible mentally ill person. While attempting arrest, defendant, in possession of baseball bat, became combative towards member. Trooper administered four one second bursts of Capstun, and defendant became totally compliant, and was taken into custody without further incident. No injuries.

05/09/93 - 10:40 p.m. - Troop A - Members responded to a report of a male who had overdosed on drugs and left the hospital before being medically cleared. Foot pursuit of defendant ended in hospital hallway. Subject was agitated and physically combative. After being told to calm down, defendant grabbed one member and flipped him over. Second member immediately sprayed subject, who instantly became compliant. No injuries.

05/11/93 - 2:45 a.m. - Troop D - Members arrested defendant for DWI. Defendant physically resisted arrest and was sprayed with Capstun, which had no apparent effect. A second burst brought defendant to the ground. No injuries.

05/13/93 - 8:00 p.m. - Troop F - Members were on routine patrol when they were flagged over by a 8hortline bus operator having problems with two passengers. Members boarded bus and began interviewing subjects. During interview, member observed what appeared to be a glass pipe for smoking crack; defendants were removed from the bus and patted down for weapons. One subject was found to be in possession of marijuana. Subjects transported to Station for processing. During processing, one subject became violent and was subdued by Capstun. Defendant became totally compliant. No injuries.

05/14/93 - 12:52 a.m. - Troop B - Members processing subject for Criminal Trespass, Criminal Mischief and Reckless Endangerment charges. Subject got up and stated he was not going to be arrested. Member sat defendant down; subject began to kick at member and Station inventory. Subject was then sprayed and immediately stopped all aggression. No injuries sustained.

05/16/93 - 1:45 a.m. - Troop F - Members at Station with subject under arrest for DWI. Prior to processing, defendant became belligerent, raised his hands and attempted to lunge at member. Subject was sprayed and became compliant, with no injuries.

05/16/93 - 5:10 a.m. - Troop G - Members at restaurant for ~ meal when they observed a large group of disorderly subjects asked to leave by management. As group left, they knocked over water glasses and a chair, with one glass striking the manager. Members intervened and attempted to arrest subject for Disorderly Conduct, but he physically resisted. Member sprayed defendant, who was arrested without further incident. While enroute to Station, defendant began to spit up blood. Treatment was rendered and paramedics stated that the bleeding was caused by swelling of the mucus membranes in defendant's mouth. Defendant is a heavy user of cocaine. No visible injuries. Subject refused further medical treatment.

05/18/93 - 9:00 a.m. - Troop D - Member responded to a report of a distraught woman. On attempting to arrest the woman, subject became combative and emotionally unstable, attempting to knock member down. Member sprayed two one-second bursts, which apparently had no effect. Two additional bursts were administered, which caused defendant to become disoriented, but still combative. A fifth one-second burst rendered the defendant totally compliant. No injuries.

05/19/93 - 11:55 ^.m. - Troop A - Member attempted to pull over vehicle with unlicensed driver. After a short chase, vehicle was stopped and female defendant ordered to exit the car. Subject refused and was sprayed. No injuries.

05/19/93 - 8:45 p.m. - Troop ~ - Member at Station with defendant who was under arrest for Trespass and Harassment. While being processed, defendant became loud and abusive. When subject was instructed not to get up from bench, he challenged member, who pushed defendant back into seat, at which time defendant kneed member in groin area. Member sprayed defendant, who immediately ceased all aggressive behavior and complied with all commands. No injuries.

05/21/93 - 4:44 p.m. - Troop L - Defendant stopped for V&T and found to be in possession of marijuana. upon notification that he was under arrest, defendant shoved member and fled into Wooded area. Member pursued subject, who stumbled. While attempting to regain his balance, defendant turned toward member, who delivered a one second burst of Capstun. Defendant was arrested without further incident. No injuries.

05/22/93 - 3:25 a.m. - Troop F - Members responded to domestic dispute. Defendant extremely intoxicated, agitated and verbally abusive. During an attempt to handcuff subject, a struggle ensued and defendant was sprayed. He became somewhat compliant, but continued to resist and was sprayed a second time. Defendant then became totally compliant and was taken into custody without further incident. No injuries.

05/23/93 - d:40 p.m. - Troop B - Member located elopes from mental health unit who was determined to be a danger to himself. Member requested subject come with him twice and subject refused. Member then applied a wrist lock and defendant became combative. Trooper stepped back, removed Capstun and sprayed. Subject got up and started to walk away, at which time member sprayed a second burst. Defendant walked approximately ten feet, then stopped and stated, "I give up," and followed every verbal command. Subject stated he saw the gas coming and held his breath as long as he could, and upon breathing, he became affected and gave up. No injuries.

05/23/93 - 8:19 p.m. - Troop D - Member responded to request for assistance from Oneida Co. Sheriff's Department. Deputy was involved in verbal altercation with highly intoxicated defendant, who was refusing orders to place hands behind back. Member verbally warned subject to comply. When subject failed to comply, member sprayed, causing defendant to become disoriented. Subject taken into custody. No injuries.

05/24/93 - 1:45 p.m. - Troop A - Members responded to report of disorderly subject at Clean Airport. Upon arrival, member observed vehicle traveling on runway and learned subject had been on runway for approximately 2% hours. Subject was approached on the driver's side by members. Driver's window was open approximately 2", and both doors were locked; member observed defendant sitting nude in the driver's seat. After instructing the subject several times to exit the vehicle, defendant attempted to leave by backing up. Member sprayed subject, and he became compliant. Subject still refused to unlock doors, and member broke window of vehicle with a crowbar. Subject taken into custody without further incident. No injuries.

05/25/93 - 2:45 p.m. - Troop c - Members responded to request for assistance with the execution of a warrant for arrest from the otsego County Attorney General's Office. As members were dismounting vehicles, defendant drove into driveway and attempted to run into two members. After being advised he was under arrest, subject pushed one member and grabbed and kicked another. Member sprayed two bursts of Capstun towards defendant's face, whereupon defendant ceased resistance and was taken into custody without further incident. Defendant received minor injuries in scuffle, prior to being sprayed with Capstun.

05/29/93 - 1:50 a.m. - Troop A - Members arrested defendant for DWI. After being handcuffed, defendant became combative and violent. Subject removed from Troop car, during which time he sustained a minor cheek contusion. Subject was sprayed, continued to be resistant and violent, and was sprayed a second time, at which time he became compliant. No Capstun related injuries.

05/29/93 - 10:00 a.m. - Troop C - Members holding active warrant for Harassment, observed defendant outside residence where wife was staying. Members attempted to arrest subject, who became combative and began flailing his arms, resisting arrest. Member sprayed one burst of Capstun, whereupon defendant ceased resistance and was taken into custody without further incident. No injuries.

05/29/93 - 11:45 p.m. - Troop F - Highly intoxicated defendant was arrested for Assault 3rd. Subject handcuffed to restraining bar in the Squad room. Subject became combative and agitated during processing. After numerous attempts to calm subject, he was sprayed. This action caused him to become more violent, and he intensified his efforts to assault the Troopers, and failing at this, kicked the Squad room wall, causing a hole. Members attempted to further restrain defendant by tackling him. While being brought to the floor, defendant struck his left cheek/eye area on the restraining bar causing a minor abrasion and swelling to the left eye. Defendant refused medical treatment.

05/31/93 - 5:25 p.m. - Troop B - Members responded to complaint of distraught subject threatening suicide. Family members reported subject had hidden weapon and was unarmed. Members entered residence and attempted to interview subject. Subject became verbally abusive, resistant and attempted to push member who was attempting to place him in custody. Defendant was sprayed and immediately began to cooperate with members. Defendant taken into custody without further incident. No injuries.

06/05/93 - 1:20 p.m. - Troop D - Defendant arrested under Mental Health Law relative to disorderly individual complaint. Subject became combative towards the two members, swinging a five foot long wooden-handle pitch fork. Member took evasive action to avoid being struck and twisted his ankle. Defendant was sprayed and subdued without further resistance.

06/06/93 - 6:30 p.m. - Troop E - Complaint received that defendant was threatening family members. Subject located operating motor vehicle. Subject displayed extreme mood swings and became threatening. While at Station, defendant still exhibiting mood swings and became more threatening, banging desk with handcuffs. To prevent damage to Division property, subject was sprayed, initially stating, "I love it, give me some more." After approximately two minutes, subject became overcome. No injuries.

06/06/93 - 11:40 p.m. - Troop D - Subject, under arrest for DWI and possession of marijuana, became agitated and combative, making verbal threats. Defendant stood up and lunged towards members. Member sprayed subject, whereupon he immediately complied with instructions and ceased struggling. No injuries.

06/08/93 - 9:35 p.m. - Troop B - OF detail responded to complaint of altercation at restaurant. Defendant was placed under arrest for Assault 2nd. Subject became combative, and while resisting arrest, was sprayed. Defendant immediately complied and was taken into custody without further incident. No injuries.

06/11/93 - 10:30 p.m. - Troop A - Member received complaint of domestic dispute. Upon investigation, member arrested defendant for harassment and trespass. Subject was handcuffed and placed in Troop car. While enroute, subject became hostile, threatening member, and began kicking the interior of Troop car. Subject ordered to desist and refused to do so. Member administered one burst of Capstun; subject immediately complied and was transported without further incident. No injuries.

06/12/93 - 12:1S a.m. - Troop E - Members dispatched to Hamlin Beach State Park to assist Park Police with the arrest of several subjects. Member assisted Park Police officer in placing one defendant in the back seat of Park Police vehicle. While inside, defendant became combative and started to damage interior of vehicle. Member attempted to remove subject from vehicle to secure his legs, but subject began kicking violently. Member then sprayed defendant and achieved total compliance. No injuries.

06/13/93 - 42:30 a.m. - Troop C - Member assisting Chenango County sheriffs with domestic dispute call. Defendant found in vehicle and ordered to exit. Subject exited vehicle and threw keys at Deputy and member, striking Deputy. Attempt made to arrest defendant by handcuffing subject. Subject resisted and was advised Capstun would be used. Subject continued to resist and was sprayed. Subject complied immediately without further resistance. No injuries.

06/20/93 - 3:50 a.m. - Troop A - Members, while patrolling, discovered vehicle sitting in eastbound lane facing west. Vehicle running; and intoxicated driver passed out behind wheel. Member woke subject, who became combative, lying on back and kicking at member when asked to exit vehicle. Member sprayed subject, who became totally compliant and was arrested without further incident. No injuries.

06/21/93 - 3:30 a.m. - Troop B - OF detail responded to request for assistance from Tri-Town Rescue Squad regarding drunken subject harassing rescue squad personnel and flashing a steak knife. Upon confronting patrols, defendant became disorderly and menaced patrols with steak knife. Defendant was sprayed, immediately complied and was taken into custody without further incident. No injuries.

06/21/93 - 11:45 a.m. - Troop C - Members responded to 911 call regarding male subject being attacked by pitbull. Dog located and became aggressive towards member. Dog was sprayed with three long bursts. Dog became inactive and was secured by owner.

06/23/93 - 3:30 a.m. - Troop R - Members effecting arrest for disorderly conduct when defendant resisted and struggled. Member sprayed subject with two 3 second bursts from a distance of 2 feet. Defendant, who was under the influence of alcohol, and possibly POP, was not effected. Member attempted to spray ~ third time, but canister was empty. Defendant handcuffed and arrested.

06/24/93 - 6:25 p.m. - Troop G - After responding to complaint of intoxicated subject who was in possession of a rifle and threatening other subjects, member attempted to secure rifle. Defendant attempted to prevent securing of rifle by the use of physical force and was sprayed. Subject subdued. No injuries.

06/24/93 - 7:45 a.m. - Troop A - Member responded to report of disorderly subject. Member advised by ambulance personnel that subject had been located, unconscious. As ambulance personnel treated subject, he regained consciousness and became disorderly, breaking a store front window with his fist and fleeing. Member approached defendant, attempting to handcuff him, when he became combative. Member sprayed subject, who immediately became compliant. No injuries.

06/25/93 - 2:40 a.m. - Troop G - Member assisting with violent, unruly prisoner. Member arrived as subject was being secured to wall mounted restraining ring. Defendant continued to be violent. After arraignment and being resecured to wall mount, subject started to intentionally bang his head against the wall, resulting in a hole in the sheet rock. Member sprayed subject, and he immediately fell to the floor and ceased violence. No injuries.

06/25/93 - 3:45 a.m. - Troop F - After vehicle stop, passenger/defendant exited vehicle and began making furtive movements towards waist pouch. Member removed defendant's hands from pouch and observed pouch stuffed with marijuana. Defendant became combative and attempted to push member aside. Subject was sprayed and fled into wooded area. Subject emerged from woods approximately 1/2 mile from initial entry and was arrested. No injuries.

06/26/93 - 12:05 a.m. - Troop B - Members arrested defendant for DWI. while placing left handcuff on, subject swung his right hand around, striking member in the face. A struggle ensued, at which time defendant was sprayed. Subject immediately stopped resistance. No injuries.

06/28/93 - 8:45 p.m. - Troop F - Members responded to domestic dispute, interviewing intoxicated defendant. Subject became agitated and verbally abusive, moving toward members, raising his arms in a threatening manner. Both members administered one-half second bursts of Capstun, and defendant became totally compliant. No injuries.

06/29/93 - 7:49 p.m. - Troop G - After 10 minute pursuit, intoxicated defendant stopped vehicle and attempted to flee. Subject reached towards rear pocket, where metal object in black pouch was observed. member fired four rounds, striking the ground in front of the subject. Defendant then turned and continued to flee. Member pursued and tackled subject, who resisted arrest by kicking and struggling to avoid being handcuffed. Subject was sprayed with Capstun and ceased resistance. No injuries.

07/03/93 - 2:35 a.m. - Troop D - Lowville PD requested assistance with MEL arrest. Upon arrival, members observed defendant, who was armed with n razor blade. subject refused to comply or hand over weapon and was sprayed. Subject dropped weapon and was taken into custody without further incident. No injuries.

07/03/93 - 3:52 a.m. - Troop B - After pursuit, defendant was instructed to exit vehicle, refused and was sprayed. Cap-stun had an apparent disabling effect, but defendant again failed to exit vehicle and was sprayed. Defendant again appeared to suffer effects, but again refused to comply and physically resisted being removed from vehicle. A third blast was administered, and the subject was removed from vehicle. Upon arrival at the Station' defendant again became combative, kicking member, and was sprayed a fourth. time. No injuries.

07/04/93 - 3:15 a.m. - Troop F - Request for assistance with a violent subject in Newburgh PD parking lot received. Upon arrival, members observed defendant, who was apparently under the influence of POP. Defendant broke away from Newburgh officers and ran in direction of SP members. Defendant stumbled over curb and fell to pavement. As subject attempted to get up, he was sprayed. Subject taken into custody without further incident. No injuries.

07/04/93 - 3:23 a.m. - Troop F - Members involved in traffic stop in parking lot, when intoxicated pedestrian interfered. Subject asked to leave, at which time he became combative, raising his arms in ~ threatening manner. At this time, member administered 3 one-second bursts, and defendant became compliant. No injuries.

07/06/93 - 9:50 p.m. - Troop B - After brief chase, defendant stopped vehicle and attempted to flee. Subject refused to be handcuffed and was sprayed. Resistance ceased and defendant was removed from scene without incident. No injuries.

07/11/93 - 12:45 a.m. - Troop C - Members attempted to arrest defendant for Assault 3rd relative to a complaint. Defendant resisted while being handcuffed and member sprayed subject. No Injuries.

07/12/93 - 7:10 a.m. - Troop F - Member was arresting defendant for DWI when he became combative. Member radioed for assistance, and three members responded. Defendant continued to be verbally abusive, resisted being handcuffed and was sprayed simultaneously by two of the responding members. Defendant immediately incapacitated. No injuries.

07/14/93 - 12:30 p.m. - Troop F - Member responded to request for assistance from ambulance personnel with mentally ill person. Subject had attempted suicide and refused to cooperate. Defendant, under influence of unknown medication, became combative and verbally abusive. Member sprayed subject, who was handcuffed and transported to hospital. Subject still combative and hospital restraints administered.

07/16/93 - 11:00 p.m. - Troop G - Members responded to report of fight in progress. Defendant was belligerent, combative nod attempting to re-engage in altercation. when ordered to calm down, defendant refused and aggressively walked towards member who sprayed him. No injuries

07/17/93 - 9:10 p.m. - Troop C - Members responded to loud party complaint. A female party attendee shoved one member and was arrested for Harassment. Defendant attempted to prevent this arrest, and after a brief struggle, was handcuffed. A hostile crowd gathered, stating they were going to prevent arrest. Defendant resisted being placed in Troop car and was sprayed. Defendant immediately became passive and crowd dispersed. No injuries.

07/18/93 - 10:30 p.m. - Troop F - Members responded to public lewdness complaint and discovered an intoxicated, naked adult male lying beneath a hedge. Subject refused to communicate and was advised he was under arrest. Subject given numerous orders to come out from under hedge. Defendant refused, and member crawled beneath the hedge and sprayed subject. No injuries.

07/18/93 - 3:10 a.m. - Troop D - Defendant arrested for DWI. While at Geddes PD for processing, subject became verbally abusive and combative. After repeated requests to cease combative behavior, subject was sprayed. No injuries.

07/19/93 - 1:00 a.m. - Troop R - Members investigating report of person in need of assistance; upon arrival, observed subject run into woods. Member pursued, caught and attempted to apprehend subject. Defendant attempted to pull away from member's grasp, at which time subject was sprayed. Defendant immediately complied with all further requests. No injuries.

07/20/93 - 2:00 a.m. - Troop B - Defendant, arrested for DWI, resisted arrest. Two other defendants attempted to interfere with arrest, and all subjects were sprayed. Subjects ceased resistance and were arrested without injury or further incident.

07/24/93 - 1:00 a.m. - Troop R - Members observed highly intoxicated defendant walking on street, obstructing traffic. Defendant intentionally struck Troop car mirror, and members exited Troop car and approached subject. Subject attempted to flee, a struggle ensued and defendant was sprayed. No injuries.

07/24/93 - 2:00 a.m. - Troop G - Member, at Hudson Falls PD on other business, attempted to assist PD members in removing subject from cell for processing. subject refused to comply, and when approached by member and Hudson Falls officers, threatens same with bodily harm. Member administered one burst of Capstun, and defendant became cooperative. No injuries.

07/24/93 - 8 :00 p.m. - Troop E - While working Seneca Co. Fairgrounds, member arrested defendant for Disorderly Conduct. 8ubject resisted arrest and attempted to strike member with fist. Member sprayed subject and took him into custody. No injuries.

07/25/93 - 6:53 p.m. - Troop ~ - Members arrested defendant for Disorderly Conduct. Defendant struggled with members as they attempted to handcuff him and was sprayed. No injuries.

07/25/93 - 7:05 p.m. - Troop ~ - Member responded to domestic and attempted to arrest defendant who fled on foot. After brief pursuit, defendant turned to confront member and was sprayed. 8ubject attempted to flee again, ran approximately 350 feet and collapsed. No injuries.

08/02/93 - 12:48 p.m. - Troop B - Members responded to report of Trespass. 8ubject observed on road and refused to stop. Led patrol on low speed chase. Defendant finally stopped and attempted to flee on foot. Member sprayed subject, and defendant immediately ceased resistance. No injuries.

08/02/93 - 3:00 a.m. - Troop F - Members responded to burglary in progress at resort. Members observed several subjects congregated near doorway of building that was supposed to be the location of the burglary. Upon request, all subjects sat down on floor, with the exception of defendant, who was highly intoxicated. Subject refused to comply with members requests and became verbally abusive and physically resisted. 8ubject then threatened physical violence, attempted to strike member and was sprayed. 8ubject became totally compliant. No injuries.

08/02/93 - 4:45 - p.m. - Troop D - Members dispatched to complaint of Reckless Driving and possible DWI. Subjects located, and they fled on foot. Defendant caught, resisted arrest and was sprayed. No injuries.

08/05/93 - 1:15 -.m. - Troop C - Member responded to assist oneonta PD with arrest of disorderly subject. Member and patrolman attempted to escort defendant to patrol vehicle, at which time he physically resisted and was sprayed. 8ubject ceased resisting immediately and was taken into custody. No injuries.

08/06/93 - 9:25 p.m. - Troop E - Member responding to disorderly crowd at Chemung Co. Fair when subject in crowd reached for bulge in pocket. When member attempted 8top-N-Frisk, subject began struggling aggressively. 8ubject was sprayed and taken into custody without further incident. 8ubject recovered completely.

08/06/93 - 10:15 p.m. - Troop C - Members responded to report of suspicious person. Upon arrival, they encountered defendant holding a razor to his wrist, threatening suicide. Members were unable to persuade subject to drop razor, and he was sprayed. Defendant immediately dropped razor and was taken into custody without further incident. No injuries.

08/07/93 - 12:40 a.m. - Troop C - Defendant arrested for DWI. Defendant taken into custody and placed in back seat of Troop car, where he became verbally abusive, physically combative and attempted to kick member. Repeated attempts to calm subject failed, and he was sprayed with three one-second bursts. Defendant resisted all attempts to administer water to his face and fully recovered.

08/07/93 - 2:00 a.m. - Troop F - Members were responding to a domestic when they observed a highly intoxicated subject running, pursued by three subjects in a vehicle. Subjects identified as those involved in domestic dispute. Defendant, threatening suicide, had put his fist through residence window and was bleeding profusely. Subject ignored verbal commands to stop and was sprayed. subject still combative, but immobilized.

08/07/93 - 12:25 p.m. - Troop A - Member responded to complaint of individuals smoking marijuana. Upon arrival, member directed to five individuals in the back of a pickup truck. Member attempted to identify individuals and gained identification from four of the five occupants. Female subject became extremely belligerent, refusing to identify herself. After several warnings, subject was placed under arrest and resisted. Defendant warned that if she did not cease, she would be sprayed. Subject continued to resist and was sprayed. No injuries.

08/12/93 - 1:45 p.m. - Troop D - Member responded to report of a distraught man. It was determined that the subject was a threat to himself, his sister and mother, whom defendant resides with. Defendant threatened members verbally and physically and was sprayed. Defendant gained complete recovery.

08/14/93 - 12:05 p.m. - Troop B - Members arrested defendant for Petit Larceny of gasoline. Defendant resisted being handcuffed and a struggle ensued, at which time subject was sprayed. Members, assisted by Border Patrol, -discontinued struggle, allowing substance to work. Members gave verbal commands and attempted to handcuff defendant, to no avail. Defendant was again sprayed. Subject showed no signs of being incapacitated, although showed signs of some mucous discharge. Subject was physically subdued. No injuries.

08/14/93 - 7:00 p.m. - Troop G - Member dispatched to investigate loud music complaint. Upon arrival, member observed outdoor wedding taking place with eight subjects fighting. As the subjects were being dispersed, defendant cocked his arm to throw a punch and was sprayed. No injuries.

08/14/93 - 10:09 p.m. - Troop F - Member responded to report of intoxicated and disorderly subject. Upon arrival, member encountered a large group of Asian males. While member attempted to interview the group, defendant threatened to strike member and was sprayed. Subject became totally compliant. No injuries.

08/1S/93 - 3:42 a.m. - Troop A - Sobriety tests being conducted on driver of vehicle. Passenger started vehicle and attempted to drive away. Member ran to vehicle and turned off ignition. Defendant refused to exit vehicle and was sprayed. 8ubject became compliant. No injuries.

08/1S/93 - 8:15 p.m. - Troop F - Defendant being arrested for Harassment 2nd, struggled while being handcuffed and ran away. Member pursued defendant, tackled him, and subject struck forehead on pavement causing a laceration over his left eye. As defendant continued to struggle, member sprayed him. Total recovery.

08/1S/93 - 9:20 p.m. - Troop D - Members investigating recovery of stolen water craft, observed fist fight in parking lot. After repeated commands, subjects failed to separate, and both were sprayed. No injuries.

08/16/93 - 11:20 p.m. - Troop ~ - Members received report of male lying in roadway. Upon arrival, members observed intoxicated defendant lying in roadway after leaving his car during ~ domestic dispute. 8ubject refused to leave roadway and was placed under arrest, but began to struggle as handcuffs were being applied. 8ubject was sprayed; immediately incapacitated. No injuries.

08/18/93 - 1:10 a.m. - Troop G - Members responded to report of disorderly subjects. Highly intoxicated subjects were abusive towards employees of bar and arriving members. Member attempted to arrest defendant, who became physically violent and resisted arrest by pushing member away and taking a swing at him. 8ubject was sprayed and became cooperative. No injuries.

08/18/93 - 7:45 p.m. - Troop F - Intoxicated subject, apparently under the influence of narcotics, was being interviewed by member. 8ubject attempted to flee on foot, at which time member sprayed. 8ubject taken into custody without further incident. No injuries.

08/22/93 - 4:35 a.m. - Troop F - Members investigating report of domestic dispute. During interview, intoxicated defendant ordered members to leave residence. Subject became verbally abusive and shoved both members in an attempt to force them to leave. Subject was sprayed, but continued to resist being handcuffed. 8ubject taken into custody after brief struggle. No injuries.

08/27/93 - 10:35 p.m. - Troop C - Defendant arrested for DWI, awaiting arraignment. Member removed handcuffs for arraignment, at which time subject became abusive and started to swing his hands and arms in a violent and threatening manner. Member attempted to handcuff defendant and a struggle ensued, at which time subject was sprayed. Defendant continued to struggle and member was assisted with securing the subject. No injuries.

09/01/93 - 8:00 p.m. - Troop E - Member responding to domestic complaint observed defendant being restrained by father and brother after verbal altercation. Member handcuffed subject, who became combative, attempting to kick member. Member sprayed defendant, who fully recovered. No injuries.

09/02/93 - 2:56 a.m. - Troop B - After short pursuit, member attempted to arrest defendant for DWI. Operator refused to exit vehicle and was attempting to drive vehicle away when member sprayed subject. Defendant became compliant and was placed under arrest. No injuries.

09/07/93 - 4:15 p.m. - Troop B - Member awaited arrival of suspect in possession of stolen checks and a stolen van. When defendant arrived' with three other subjects, member instructed defendant to place hands on wall. At that time, all subjects fled. Member pursued defendant, who became combative and started to struggle with a civilian who attempted to detain him. Member then sprayed subject. No injuries.

09/17/93 - 1:14 a.m. - Troop L - Defendant advised he was under arrest for DWI and attempted to flee. Member grabbed subject and sprayed him. Defendant attempted to flee into wooded area, but was subdued without further incident. No injuries.

09/19/93 - 2:09 a.m. - Troop R - Defendant was arrested for DWI and handcuffed to ring in squad room. He started to become belligerent and twisted nod pulled at the cuffs and ring. Verbal attempts to calm subject failed. When defendant refused to stop, member sprayed him. Defendant immediately ceased his actions and complied with subsequent commands. No injuries.

09/20/93 - 12:45 a.m. - Troop G - Members attempted to stop defendant who refused to yield to Troop car. After short pursuit, subject was taken into custody without incident. While seated in patrol car awaiting arrival of tow truck, defendant started to blow and spit onto back of member's head while member was seated in the front seat. Member administered one burst of Capstun to the face of subject, who immediately ceased actions. No injuries.

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