I almost didn't make it through the YouTube video because the cameraman and his "posse" made me queasy. That dude's parents must be proud.
I can't seem to find anything in the stories I've read about this incident that confirms Mr. Horlacher was actually drunk. Can anyone point me to the story that confirms this? Yes, the guy seems impaired, but that could be for any number of reasons. Someone one in the video says that he thinks Horlacher was drinking, but no mention from the police on this. He wasn't charged with public drunkenness. I must be missing something.
After I watched the video, it took me awhile to sort out how I felt about it. The thought went through my mind that the security guard overreacted. Then I found out that the incident had been going on for a couple of minutes before the video started.
After letting this marinate for a while, my thought is that if one is belligerent enough for long enough, after what must have been numerous warnings and requests to calm down, then one deserves what one gets. The security guard was reasonable to assume that this guy was a danger to himself and others and was provoked into having to use the spray. The security guard may have prevented a much more serious situation by taking action.
Whether Horlacher was drunk or not, he deserved what he got at the Tower of Terror. What the courts make of all this is for them to decide.
Things like this are going to happen. In one form or another, it's been happening all along. The difference is that now we have video. Don't forget there was a murder in Disneyland back in 1981. That news hardly went "viral". Please, dear Disney Security, if you have to pepper spray someone to prevent everyone from getting hurt, please do.
Physical "hand-to-hand" use of force seemed to be appropriate, at least until the final takedown; spray UOF appeared to exceed this standard and continuing to hold the spray out as a weapon meant that in case of an actual fight, the SO would be fighting one handed. Subject is restrained right at the start of the video and breaks free precisely in response to the spray, partially because spraying into a group of people will affect more than just the intended target. Without that burst of spray at 0:01, the incident could have been over. Reference 1:30 for another incident where improper use of spray provokes a physical incident. In this circumstance, the weapon appears to have been used as a tool of compliance and offensively, rather than as a defense against an imminent threat.
The lack of crowd control at the video's onset might very well have also contributed to the suspect's agitation.
Had backup arrived more timely, this extent of force could have been avoided. The reason for delayed response could have been due to a number of issues: delayed call, understaffing, inefficient or inadequate deployment, failure to use the trails system, assumption of false response, etc. None of the crowd appears to have been PCO (remember PUSH's handler? Plainclothes also have a dress code).
As Jeff mentioned, California allows for personal use spray without a special permit or licensure; however, if the spray is required by an employer for a security function, OC Training will provide proof of authority to carry under a separate section of law. Either way, the limited information available during this video indicates the reasonable use of spray standard appears not to have been applied.
Misuse of OC spray is a criminal offense classified under CPC Section 22810(g) whose penalty may include a fine up to $1,000 and up to three years incarceration. Accordingly, this may be classified as a felony. OC Trained individuals, who hold such licensure, may be exempted from 22810 while on duty, but only if the weapon is used solely for defensive purposes, as specified by 22835.
In the end, this is a policy, training and education issue that Disney will likely address.
Disneyland Resort is further helped by two circumstances that deter such incidents:
(1) Atmosphere and Established Family Friendly Environment; and
(2) Severely High Opportunity Cost due to Exorbitant Admission, Food and Merchandise Prices
CA Screamin Dude
Visions Fantastic Social & Streaming Media Manager, Ret.
Owner, Close Call Sports and The Left Field Corner: Umpire Ejection Fantasy League
Organist, Ballpark Organ Blog
First i would like to say that i had only heard of this incident until today and i had not yet seen the video. After watching this somewhat decent recording i have a few comments to make. As some of you may know I am a security supervisor for a laTge event staff company so i am very familiar with situations like this one. So much in fact that i wish the average guest that i have to deal with is usually not as responsive as this guy was.(haha) The first problem that i see is not only the lack of security that was present, but the actual age and physical condition of the security guard that was present in the video. The first thing the security should have done was call for backup and not have made a move until they arrived. Safety of yourself should come first, safety of the guset should be second. A weak security officer is about as good as none at all. i am not knocking Disney for keeping this guy employed but i do hold them responsible when situations like this get out of control. The CM's should be trained to keep the guest away while the situation is being resolved. Then a security "team" should handle this guy. A security officer should never underestimate the strength of a patron, or their attitude. Now if this guy had been warned to relax and comply with what he was being asked, and then he refused, well then all bets are off as to what could happen next. Even though myself and my crew are trained to use minimal force to handle somebody, when you are in the heat of the moment and start to fly, somebody is gonna get get handled. And 9 times out of 10 its gonna be the unruly guest. The security officer should have never let the public get involved and it looks terrible in the multiple videos that even after the guests had a hold on him that security didnt take charge. Even if he was tired and out of breath he could of at least kept the public back and gotten in position to handle this guy himself. Now if he couldnt do that, then he should have never had been there to begin with. People pay big money to enjoy themselves with their families and this is the last thing they should have to encounter for more than a minute or two. Now fortunately this security officer had pepper spray. A lot of good that didnt do. I have never had the pleasure of using pepper spray since my company only trains us to handle a situation like this with our hands. But sadly i have never seen a situation develop like this with ONE guy. Disney should have enough resources and security to never let a situation escalate to a level like this.
My comments are only being made from a personal opinion and from my experiences as a security officer.
Ok as far as the actual arrest, pretty much anyone in the video could have made the arrest and gotten this guy in a pair of handcuffs if they had them or used some piece of clothing (neckties work fairly well see cops if you dont believe me). CPC 834 States that an arrest may be made by a peace officer or private citizen. Now here's the kicker. If that had occurred then local police must be notified asap. once that is done, even if the guy did sue, his case would more than likely get dismissed. Now having been a security officer, I would called for a team as soon as I encountered this guy. But thats me.
I think is awfully ridiculous that people act like this especially in front of families
Best Two Trips To DLR:
. Spring Break '09
. Spring Break '11 March 30th 2011 to April 2nd 2011