Well like I was saying it creates this really tortured and messy string of actions and justifications. The guy moving his hands may be a product of the guys grappling with him and pepper spraying him, so the officers may be causing the involuntary motions that then get consciously or subconsciously perceived as threatening. And given they had reason to use force in the first place, it diffuses the responsibility and guilt along each step of the chain. Its not like some easy transferred intent doctrine in 3rd degree murder where committing an inherently violent crime could lead to someone dying. That is precisely the mind boggling wilful misapplication and corruption of the law we saw in the Kim Potter case, where they argued that officer Potter was committing felony assault when she used a taser on a fleeing murder suspect, because they needed to establish an underlying crime to transfer intent to the mistake that caused Wright's death. All they needed to do at trial was kick up enough obfuscation and confusion that a jury could convict someone on a premise that's absolute bullshit and legally incomprehensible, because a prejudiced jury will convict someone regardless of the facts or logic. The chewbacca prosecution, I guess
That all speaks to the lens of culpability and legality and outcomes in this case. But if we're looking at the future and rules or changing we could change, eh, I think it falls into the same trap as legislating gun control around school shootings. Cases like this are so incredibly infrequent and unpredictable that any doctrine changes have vastly disproportionate consequences and will never avert a future scenario anyway.
now maybe they should be laying off the wanton pepper spray for other reasons, I probably agree with that
I think its honestly pretty simple, train officers to wait out a period after pepper spray with only vocal commands to allow people who have been sprayed to compose themselves and comply before escalating a situation. they dont seem to have an issue with that when they're drive by pepper spraying lines of protesters, but somehow it seems to be a bigger issue in active arrests. in general what ive seen out of ice is messy fast arrests, its just bad practice. slow things down stop getting so jumpy and do proper arrests. or ignore the protesters unless criminal damage is done to officers or vehicles. ice should imo get more comfortable with people filming them everywhere they go, or they'll compromise the mission and waste time and resources on blue haired wierdos forever.
in general the idea someone would be gang piled and cuffed 10 seconds or less after being maced is silly. pepper spray, stand by with a hand on your sidearm in case they draw a weapon, then arrest once the mind rage inducing pain starts to set in and they can actually follow commands. its just bad procedure and hasty action.