Black Friday pepper-sprayer claims self-defense, may sue Walmart

Los Angeles - The woman who made headlines after using pepper spray in a California Walmart during this year's Black Friday madness will not face felony charges, however could still be slapped with a misdemeanor, pending examination by Los Angeles city prosecutors.

On the day after Thanksgiving, outrage erupted after the public learned about a pepper spray incident in the Los Angeles area Walmart where 20 were hit by the spray with several suffering minor injuries. Police believed the, then unknown, woman used pepper spray at the Porter Ranch Walmart to deter other shoppers from reaching the specially priced merchandise for the holiday sale, describing the incident as a form of "competitive shopping." Reportedly police later backed off that claim and said the woman may have acted in self-defense. The woman surrendered to police on the evening of Black Friday, but she was not charged with a crime at that time, nor was her identity released to the public. It was said pending investigation, the woman might be charged with battery. This week her identity has been released and the woman has retained an attorney, Michael Champ. On Friday, Champ said his client, Elizabeth Macias, was trying to protect her children from the crowd surrounding the specially priced Xbox game consoles, describing her son and daughter as "traumatized" from being attacked. According to Champ on KCBS TV Los Angeles,

"The moment they secured the Xbox, the crowd just started attacking them," Champ told KCBS-TV. "My client's daughter was beaten, kicked and punched by another female shopper. She's crying to Elizabeth to help her, she's crying 'help me mommy, help me.'"

Champ also said Macias' son was on the ground kicked and punched by a man who also turned around and assaulted Macias in her face. Pepper spray victim Christina Acuna told KCBS the woman came to the store armed with the spray attached to her purse strap, ready to use it.

"I remember her specifically showing the security guy that she had pepper spray attached to her purse strap and she specifically told him that she called the Devonshire division and they told her it's ok to use if she feels her life is threatened," Christina Acuna told the TV station.

According to Macias' attorney, Macias may sue Walmart, and the attorney is currently exploring legal options. Los Angeles Daily News reported, "There wasn't adequate security or protection," said Champ. Champ said on KCBS, "Right before they were going to do the unveiling, a Walmart employee, on a blowhorn, one of the managers, he announces that we are not going to do the unveiling until we get our own employees out of harm's way." Now that felony charges will not be filed, the case has been transferred to the city where LA prosecutors will examine the case and determine whether this was an incident of "competitive shopping" or self-defense. Depending upon the outcome, Macias faces possible misdemeanor charges. Reportedly, Macias and her two teenaged children left the store without purchasing an Xbox.