New York, NY – Commander Who Pepper-Sprayed Protesters Faces Disciplinary Charge

New York, NY – An internal New York Police Department review has found an official violated department guidelines when he used pepper spray on Occupy Wall Street protesters last month, a person with knowledge of the investigation said Tuesday.

Deputy Inspector Anthony Bologna faces discipline of a loss of 10 vacation days after the Sept. 24 incident near Union Square, shortly after the now-global protests began in a tiny private plaza in lower Manhattan, the person said. The person had direct knowledge of the review but was not authorized to speak publicly and spoke to The Associated Press on condition of anonymity.

Video from the protests shows a small group of mostly women corralled by orange netting used by officers to control crowds. Bologna approaches and seemingly without warning blasted a cluster of women with pepper spray. Two of the women crumple on the sidewalk in pain. One screams.

The incident sparked outrage by demonstrators and a collection of online gawkers who were watching the protests. It also helped propel the movement into the national spotlight.

Video has played an important role in the demonstration in New York, with police and protesters carrying cameras in every encounter. The footage can go both ways, showing possible missteps by protesters and possible misconduct by police, and can be heavily edited.

Bologna, who works in Manhattan North, may choose to appeal the decision. A call to his union spokesman wasn’t immediately returned Tuesday. But the union earlier had said Bologna’s actions were motivated by his concern for the safety of officers under his command and the safety of the public.

Shortly after the incident, a hacker group Anonymous affiliated with the Occupy Wall Street movement posted on its website Bologna’s address, his phone number and where his children went to school, among other personal details. Police department officials said that was out of line and deplorable.

Pepper spray is relatively low on the spectrum of force available to officers. The patrol guide lists several situations where an officer may use it, including to protect him or herself. The guide prohibits the use of pepper spray against subjects who don’t actively resist.