The officer who pepper sprayed a man that gave him the middle finger has been suspended without pay. The chief of police now says he's seeking to fire the officer.

Updated: 06/05/2015 10:20 AM
Created: 06/04/2015 11:11 AM WNYT.com
By: Mark Mulholland

SARATOGA SPRINGS - The officer who pepper sprayed a man that gave him the middle finger has been suspended without pay. The chief of police now says he's seeking to fire the officer.

The video went viral. It's a confrontation between a Troy man and a Saratoga Springs police officer.

Adam Rupeka gave Officer Nathan Baker the finger, and a few seconds later, Baker was pulling Rupeka over.

When the officer asked for his license and registration, Rupeka demanded to know what law had been broken.

During a 30-second conversation, the officer tells Rupeka to step out of the car and when he doesn't, Officer Baker sprays him with pepper spray.

Rupeka was arrested for obstructing governmental administration and resisting arrest, and was ticketed for an obstructed view for having the camera on the dash.

The charges were dismissed Thursday morning.

Saratoga County District Attorney Karen Heggen saying in a written statement, "...the People cannot prove the charges beyond a reasonable doubt...dismissal of these charges is in the interest of justice."

Rupeka's attorney, James Knox, agrees. Knox plans to sue Officer Baker and possibly the city and its police department, which should come as no surprise based on what Rupeka said after he was pepper sprayed.

"I'm going to sue the (expletive) out of you guys," Rupeka can be heard saying.

"Mr. Rupeka did not do anything to justify what was done to him and those are the things we're going to be investigating in terms of the civil suit," said Knox.

Police Chief Greg Veitch announced Thursday that he plans to seek Officer Baker's dismissal and has suspended him without pay as they await a formal disciplinary hearing.

"I think it indicates when we do have an issue or recognize we may have an issue, we take steps to address it. But beyond that, I won't be saying anything about this particular case," said Veitch.

The union representing Saratoga Springs police is not commenting on Baker's suspension.

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