The Los Angeles County District Attorney's Office announced last week that they will not file felony charges against Elizabeth Macias, who made headlines the day after Thanksgiving for allegedly pepper-spraying fellow shoppers at a Wal-Mart in Porter Ranch. The case gained worldwide attention when video of the incident appeared on the news and online. The DA's office has referred the matter to city prosecutors, who may decide to bring misdemeanor charges against her.
The alleged pepper spray attack occurred as part of the chaos of what is commonly called "Black Friday," the day after Thanksgiving and widely considered the biggest shopping day of the year. Retailers offer a variety of sales, and shoppers often line up in the middle of the night so as not to miss out on deals. This year saw a number of outbreaks of violence, but the case in Porter Ranch got a particularly large amount of attention. On Thanksgiving night, Macias allegedly used pepper spray on a crowd of people who were attempting to get half-price Xbox 360 video games. At least fourteen people were directly sprayed or came into direct contact with the substance, while another ten people suffered symptoms of exposure. Symptoms include sore throats and eye irritation, while direct contact can cause intense pain. No serious injuries were reported, but at least twenty people reported irritation to the nose and throat.
Macias turned herself in the day after the incident. Police did not take her into custody. She refused to answer any questions about her involvement. She later threatened to sue Wal-Mart for failing to provide adequate security on Thanksgiving, characterizing her actions as self-defense. She was in the store with her two teenage children. She claims that shoppers attacked her children while they were attempting to get Xbox video game consoles, punching and kicking both of them.
Police reportedly interviewed at least a dozen witnesses, getting an overall account of people screaming, getting shoved into shelves and displays, and pushing and pulling at each other. In this environment, people then encountered pepper spray, resulting in what police called "total pandemonium." Police had originally described Macias as a "competitive shopper" who used the pepper spray to keep shoppers away from merchandise she had claimed. Eyewitness accounts and other evidence led them to revise their characterization of Macias. The resulting uncertainty likely played a role in the district attorney's decision not to file felony charges.
Macias may still face misdemeanor charges from the city attorney, most likely for assault. A misdemeanor assault charge can still carry a substantial fine or jail sentence. Macias might have a plausible claim of self-defense or defense of others, which could certainly mitigate any criminal liability she might have. A claim that she acted in defense of her children, from a legal standpoint, is not as strong as self-defense, but it would still carry a great deal of weight. Prosecutors would have to prove that she used the pepper spray with the intent to cause injury, or at least the knowledge that injury would occur. The chaotic nature of the store that night certainly supports her assertion that she acted to defend herself or her children.
Orange County criminal defense attorney Barney Gibbs represents Californians who have been arrested for alleged criminal offenses. For a free and confidential consultation to discuss your case, contact us online or at (714) 838-9019.
More Blog Posts:
Former CIA Contractor Charged with Assault for Fight, Spinal Fracture, Orange County Criminal Attorney Blog, October 28, 2011
Four Mentally Disabled People Kidnapped and Held Captive in Philadelphia, Orange County Criminal Attorney Blog, October 17, 2011
Mistrial Declared in Machete Attack, Orange County Criminal Attorney Blog, June 6, 2011
