Video shows OPD using pepper spray as officers try to make arrest for vandalism
Correction: This story previously misidentified the judge who presided over the Superior Court hearing.
Two people were arrested after a protest Saturday night, and one of them appeared in Thursday County Superior Court Monday afternoon on third-degree assault charges.
But a video of Olympia police swarming and pepper spraying the woman raises questions about what happened.
Desiree Elliott, 23, appeared in court on the felony assault charges Monday afternoon, where about a dozen family members and others were gathered to show support.
“They pepper spray her and charge her with assault,” said Miguel Lofland who also was arrested. “It’s bull----.”
Judge John C. Skinder ordered Elliott released from Thurston County Jail without bail. Her next appearance was set for Sept. 15.
The incident happened after a Black Lives Matter march that began shortly before 11 p.m. Saturday in front of Olympia City Hall. A group of about 20-25 people marched from City Hall to Percival Landing, where police issued a dispersal order.
According to the statement of probable cause in Elliott’s case, officers say they saw a man, later identified as Lofland, spray paint a statue in front of City Hall, and followed him until he split with the larger group.
“A plan was devised between bike members to create an arrest circle,” the statement reads in part.
After police swarmed the group and grabbed Lofland, the officer said Elliott began shoving him and another officer while trying to escape the circle, leading him to pepper spray her, according to the probably cause statement.
But Lofland said he and Elliott were walking to the parking lot, on their way home, when the police descended on them.
In a video Lofland shared with The Olympian, Lofland, Elliott, and four others are seen walking along the boardwalk when a bicycle police officer pulls up in front of them, blocking their path.
“Back up, stop,” the officer said.
The group stops and several put their hands up.
Then six more officers arrive in quick succession. One points a rifle at the group.
Elliott approaches one of the officers and appears to say “put that down.” The officer shoves her away, toward the railing.
“Get out of here,” one officer said.
The video records shouting, and an officer tells the group to back up. Then, the officer steps forward and sprays Elliott in the face. A medic pulls her away before the video ends.
After the pepper spray, Elliott “immediately disengaged and went to the back of the crowd,” the probable cause statement reads.
Lofland was arrested for malicious mischief in connection with the vandalism to the statue. He was taken to jail and released shortly after.
Police found Elliott outside a bathroom in a parking lot, where others had poured water on her face to treat the pepper spray. They then arrested her.
Lofland said Elliott experienced an allergic reaction to the pepper spray and was going into shock. Medics were about to bring her to the hospital when she was arrested, he said.
Lofland called the allegations of assault baseless. “They’re just looking for a reason to justify them pepper spraying her,” he said.
This story was originally published September 1, 2020 at 5:45 AM.
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