Incident

Incident Description

Officer Kevin Murphy arrested Lakisha Neal, 42, on March 25, 2020. Body camera footage shows Murphy grabbing Neal, cursing and twice spraying her with pepper spray while other officers do nothing to intervene other than telling Neal to cooperate.

“Get in the car or get sprayed!” Murphy demands after grabbing Neal by the arm and forcing her to a patrol car. Murphy deploys pepper spray after Neal says she’s pregnant.

“Will y’all listen to me?” Neal asked seconds before Murphy sprayed her. As tears from the first spraying run down Neal’s face, Murphy sprayed again after Neal tells him that she can’t breathe.

Neal was arrested and charged with making a false report, obstruction, reckless endangerment and resisting arrest.

Outcome

All charges against Neal were dismissed.

Officer Murphy was terminated from his role as a police officer. An arbitrator upheld the Buffalo Police Department's firing of Murphy for excessive force and falsely stating that Neal had admitted telling a dispatcher that a gun was at the address. The arbitrator found that Murphy knew that Neal didn’t have a gun and that he’d failed to use de-escalation techniques.

However, the Buffalo Police Benevolent Association is asking the arbitrator to overturn the decision reached after Murphy collected more than $276,000 in salary from the city while his disciplinary case was pending. Erie County Supreme Court documents dating to 2013 show no other cases of either the city or the police union asking a judge to reverse an arbitrator’s decision on whether an officer should be fired.

The union during arbitration proceedings argued that Murphy didn't use excessive force and did not deserve termination. Officers aren’t prohibited from cuffing or deploying pepper spray on pregnant women, the union maintained, and Murphy testified that women seeking leniency sometimes lie about being pregnant, according to arbitration records filed by the union in the lawsuit.