A state appellate court has upheld a six-month suspension imposed on a New Jersey state trooper for pepper-spraying a handcuffed suspect.

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The three-judge panel also found the evidence against trooper Kevin Husband supported findings that he used excessive force and filed false or misleading official reports.

The charges stem from a 2008 incident in which Husband responded to a reported assault at an Upper Deerfield Township home.

Husband said he used pepper spray on D'Andre Lewis outside the patrol car after Lewis tried to resist arrest. But internal affairs investigators reviewed the car's video recording and found no evidence Lewis resisted.

The six-month suspension was handed down in 2011 by Superintendent Col. Rick Fuentes, who has the final say over trooper discipline. An administrative law judge recommended a two-month suspension.

 

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