ORLANDO, Fla. – A man who said he was pepper sprayed by Orlando police while recording officers downtown last week is now facing criminal charges connected to the incident.
James Lake told News 6 he was near the intersection of Central Boulevard and Orange Avenue around 3 a.m. on Sept. 1 when officers sprayed him with pepper spray. Video he recorded shows police telling him to move farther away while they were detaining another person during bar closing hours.
According to an arrest warrant, officers repeatedly ordered Lake to step back at least 25 feet, which is the distance required under Florida’s new “halo law.” The law, which took effect this year, allows people to record police but requires them to keep a minimum distance from officers performing their duties.
Attorney Mark NeJame, who is not representing Lake, said the full police body camera footage will be crucial to understanding what happened.
“Just because you can, doesn’t mean you should,” NeJame said. “If there is a crowd forming and an officer really sees signs they are in danger, then of course they’ve got to protect themselves.”
Police said after being pepper-sprayed, Lake ran from the scene, got into his car and drove away. He was later arrested and charged with several offenses, including fleeing and eluding officers.
Lake appeared before a judge on Tuesday. His arrest warrant includes still images from police body cameras showing him holding a phone while recording.
NeJame said how officers handle tense moments can often determine whether situations escalate.
“I’ve seen phenomenal law enforcement let everyone go in peace,” he said. “And I’ve seen other situations where someone overreacts and all they’ve done is incited more trouble.”
Lake previously told News 6 the incident left him shaken.
“It’s been rough, you know,” Lake said. “It’s been a rough morning for me, my family and everyone who knows me who was there, just to see it happen.”
Orlando police have not yet released the full body camera footage from the incident.