LANSING, Mich. (WLNS) – 6 News has acquired surveillance footage of an incident involving pepper spray used on two young men in late August, which seems to contradict the East Lansing Police Department’s official account.
On September 26, police reported that two men were arrested on August 24 after officers witnessed physical violence while they were in line outside a popular downtown East Lansing restaurant. However, the attorney for one of the men claims the restaurant’s security video shows his client acting calmly, attempting to defuse the situation and lead his friend away.
Defense attorney Jack Rucker shared the video with 6 News Investigates, stating that although the city of East Lansing had the footage, it was not included in the public release of documents and videos on September 26.
“This video sheds light on and contradicts the narrative presented about this incident, which is likely why it wasn’t released,” Rucker said. He represents Lonnie Smith, 21, one of the individuals arrested.
6 News Investigates reached out to ELPD Chief Jennifer Brown with several questions regarding the security footage.
Carrie Sampson, the city’s communications director, responded via email.
“We have no further comment on this case at this time,” she stated.
Smith and Mason Woods, 22, were both charged with disorderly conduct fighting in East Lansing’s 54-B District Court on August 25. Woods also faced a misdemeanor charge for resisting, obstructing, and/or hindering an officer.
Official Police Statement
Several ELPD officers responded to a crowd where they reported witnessing physical violence between Smith and Woods.
Officers issued multiple loud verbal commands to disperse the crowd and deescalate the situation, but Smith and Woods allegedly ignored these orders and continued their altercation.
In response, an officer used Oleoresin Capsicum (OC) spray, a nonlethal tool, to control the disorder and stop further fighting.
Surveillance Footage Insights
Rucker explained that the surveillance video from Dave’s Hot Chicken’s entrance contradicts the police statement. The footage lacks audio.
According to Rucker, Woods was in line for the restaurant when an argument started. Although Woods was alone, others tried to join him, leading to a mostly verbal confrontation.
During this, Smith is seen entering the vestibule and attempting to remove his friend from the situation.
“Lonnie is trying to physically extract Mason from the situation,” Rucker said. “He remains calm, not shouting or pushing anyone, just trying to help his friend.”
The video then shows East Lansing Police officers intervening and using pepper spray on Woods, Smith, and others in the crowd.
Contrasting Perspectives
Michigan State University criminal justice professor David Carter initially told 6 News Investigates that the use of pepper spray seemed justified based on body camera footage. However, after viewing the surveillance video, he revised his opinion.
“The surveillance video presents a ‘radically different’ scenario than the body camera footage,” Carter noted.
“There were other officers present who could have helped manage the situation,” Carter said. “It appeared the officer used pepper spray without fully assessing the dynamics.”
The officer who used the pepper spray, Andrew Lyon, did not provide specific information about the situation or those involved to justify the chemical’s use.
In his report, Lyon wrote, “RO [responding officer] observed the subjects becoming more agitated, and the fight was escalating. At this point, RO deployed his PCA on the three subjects involved in the altercation.”
Carter emphasized that while body camera footage shows the officer’s perspective, the security video offers a broader view.
Rucker argued that Lyon lacked a full understanding of the situation upon arrival.
“He didn’t assess the situation or confer with other officers before acting,” Rucker said. “His casual demeanor while using pepper spray is deeply concerning.”
Carter also described the pepper spray use as “indiscriminate.”
Rucker agreed, questioning whether Lyon was properly trained or simply chose to use the spray as he saw fit.
“There is no justification for this forceful approach, which is completely unacceptable and violates constitutional rights,” Rucker stated.
Concerns Over Pepper Spray Use
Rucker raised concerns about the proximity of the pepper spray to Smith’s face.
“Research indicates the spray should not be used within three feet to avoid self-contamination and potential harm from the hydraulic needle effect,” Rucker explained.
“Smith received a direct spray, risking severe injury. He wasn’t causing any disturbance, yet faced the most severe exposure,” Rucker added.
The approved list of less lethal weapons from the ELPD identifies the spray used as “Def-Tech / Sabre (PCA, MK9 & MK46).”
Sabre, the manufacturer, explained the three-foot minimum distance in an email to 6 News Investigates.
“The primary reason is to prevent retention issues and splash back. Although rare, using the spray within three feet could cause soft tissue injury,” the statement read.
Disputing Intoxication Claims
Rucker also challenged police claims that Smith was intoxicated during the incident.
“East Lansing police falsely stated that Smith was held until sober. He was sober that night,” Rucker asserted.
The department’s September 26 release claimed, “Smith was held until sober and released later that day.”
However, body camera footage and the police report contradict this statement.
“Let’s get a PBT,” Lyon is heard saying in the footage, but no breathalyzer test is shown or documented, which Rucker called “highly unusual.”
Additional footage shows Smith’s custody lasting about 60 minutes, including being pepper-sprayed, handcuffed, transported, searched, booked, and released.
Examining Racial Factors
Data from 2024 indicates a disproportionate number of force incidents by ELPD against Black individuals. June and July data also showed similar disparities.
Rucker suggested race played a role in the incident.
“The quick decision to use force suggests a rush to judgment based on race,” Rucker said. “They assumed a brawl was imminent without gathering information or attempting de-escalation.”
“Had they paused to assess, Smith could have resolved the situation. The video shows Woods was unaware of the police presence,” Rucker concluded.
WLNS 6 News Reporter Zack Priehs contributed to this report.
