Is there any established caselaw on resisting officers after pepper spray is used? its pretty disorienting and you brain pretty much goes blank with blinding pain. you cant hear or react to things like you can under normal circumstances. if there's an argument for resistance to arrest imo it is only really valid pre-spray. otherwise i think 99% of people would fit the standard for resistance post pepper spray once people pile onto them. all you want to do is rub your eyes. source: i have been pepper sprayed, its not fun.
Well does it really matter in this case though? Its not like Pretti is being charged with a crime nor is the bar for perceiving a lethal threat the same as convicting someone of a crime, vastly different thresholds
I think this case will come down to the difference between the presumption of innocence written into the law and the presumption of guilt written into american culture.
It was a big messy scrum and a reasonable officer could perceive a deadly threat when a guy is already stalking/harassing them, purposefully obstructs them and they see and announce he has a gun while they grapple with him. An officer in that moment could think he had a gun
in hand and was about to shoot them. Its a grey area, but by default anything that's in a grey area should come up in favor of the accused. Its pretty reasonable to say the officer didn't form any mens rea and purposefully execute an innocent person, and even if we know the guy was disarmed 1.2 seconds earlier that's with benefit of hindsight and video replay instead of in the chaos. But popular perception and the mob demanding """justice""" will never follow our constitution or english legal tradition