The Seattle police watchdog decided Friday that an officer who pepper-sprayed a seven-year-old child during an anti-racism protest did not violate the department's policy.
The Office of Police Accountability received 13,000 complaints after a video of the boy screaming 'I can't see' while being doused in milk by other protesters went viral following a May 30 demonstration.
OPA Director Andrew Myerberg deemed that the officer had not intended to hit the child and did not realize the boy was in his line of fire when he started to pepper-spray a woman standing immediately in front on him.
Myerberg described body-cam and social media footage of the incident as 'heartbreaking' but claimed that it did not mean the the officer was guilty of excessive use of force.
The seven-year-old had been at a protest with his father which was largely peaceful.
However, a woman shown in video masked in a white t-shirt and bike helmet grabbed the baton of an officer and began shoving.
The cop, a sergeant who has not been identified, was among those who rushed to aid riot-armor-clad officers stretched across Third Avenue after police pulled a man behind the police lines to arrest him for an earlier incident, the investigation said.
When some of the protesters began jostling, he unleashed a cannister of pepper spray at the woman with a blast ball in the other hand. The spray hit the child when the woman ducked out of the way and he received a hit of powerful irritant in his eyes.
From the moment of the arrest of the protester to the officer deploying the pepper-spray only took 25 seconds.
After the boy was hit, his father takes him aside and can be seen shouting at officers.
Myerberg said that he understood the upset about the video but that he was willing to shoulder the flak for his decision.
After his review of social media video and a number of body-cam videos, he deemed the officer wouldn't have been able to see the child among the crowd of adults, meaning the boy was not the intended target.
'I understand that this decision will be unpalatable to a lot of people. I accept that,' Myerberg told the
Seattle Times. 'In some respects, it is unpalatable to me as well.'
'I really struggled with this one,' he added. 'Because there is a victim here: the child. It's heartbreaking to watch it.'
The boy's family have said they are unhappy with the decision.
David Owen, a Seattle civil-rights attorney representing the child and his father, Mando Avery, told the Seattle Times that they were 'deeply disappointed, but not surprised, by the result reached by the OPA'.
'Today, they have confirmed that it is the Seattle Police Department's position that the use of pepper spray in an intentional and reckless manner that it would strike an innocent child exercising their First Amendment rights is 'within policy',' he said.
'We understand the OPA has said it is "sorry" for these actions. But "sorry" and "regret" is not sufficient. We demand change.'
Owen added that no cop tried to help the child after he was sprayed and claimed the refusal to identify the officer responsible 'undermined the claims of objectivity and transparency that the City purports to value'.