Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, July 21, 1994 TAG: 9407220027
SECTION: VIRGINIA PAGE: C-5 EDITION: METRO
SOURCE: By LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
Delores V. Harper originally had been charged with injuring four people in a cloud of noxious gas from her pepper-spray canister during a struggle at the Crossroads Mall Kroger store.
The struggle escalated after Officer B.L. Renick used his own pepper spray as he and store employees tried to apprehend a suspected shoplifter who was with Harper, authorities said.
As part of a plea agreement reached in Roanoke Circuit Court, Harper, 28, pleaded no contest to two charges of illegal use of tear gas. Prosecutors agreed to drop two additional charges.
Assistant Commonwealth's Attorney Ann Gardner gave the following account of what happened:
On March 25, police approached Harper's companion in the meat section of the store, where he had been seen stuffing rib-eye steaks into his jacket.
The man fled as police approached, and told a store employee to "move or get run over" as he neared the store's exit. As police and store workers apprehended the man and tried to place him in handcuffs, Harper began to impede their efforts by grabbing and pulling on them.
She then pulled out a hand-held canister of pepper spray and sprayed Renick and the three employees. Harper and her companion were arrested after additional police officers arrived at the scene.
Pepper-based spray, which is made from the oil that makes cayenne peppers hot, causes an intense burning sensation in the eyes and inflames the membranes of the nose and throat. The spray incapacitates its victims for about 30 minutes, but usually leaves no lasting effects.
It is considered more effective and less dangerous than mace, and many police departments have begun to use it. Pepper spray also is available in stores for civilians to use in self-defense.
Harper, who was convicted Wednesday and will be sentenced later, faces up to 20 years in prison on each charge - the same potential punishment for wounding someone with a gun or a knife.
Memo: ***CORRECTION***