Thursday was a good day for Adam Rupeka, the New York man [__arrested last month__](http://photographyisnotacrime.com/2015/05/new-york-police-release-video-showing-cop-pepper-spraying-man-for-asking-questions/) for essentially flipping off a cop. He learned that the cop who pepper sprayed him in the face just before executing a UFC style armlock has been suspended without pay and will likely face termination.
Better yet, he learned all the trumped up charges he faced, including obstructing governmental administration and resisting arrest had been dismissed.
> “We’re not able to sustain proof behind a reasonable doubt, which is the burden in a criminal case,” Saratoga District Attorney Karen Heggen says
The video of Saratoga Springs police officer Nathan Baker pepper spraying Rupeka quickly went viral and caught the attention of local media outlets which likely brought forth a great deal of public pressure to act swiftly in the case. Police Chief Greg Veitch said this case is an indication of how his department handles issues when they arise.
In a statement to [__News10__](http://news10.com/2015/06/04/officer-in-saratoga-pepper-spray-case-suspended/), Rupeka’s attorney reminded a reporter that flipping off an officer is not a criminal act.
> “Whatever came before the video begins that we see, we know it’s not criminal, and because it’s not criminal there’s nothing that could possibly justify what the officer did.”
Rupeka is the founder of [__Capitol District Cop Block__](https://www.youtube.com/channel/UC60T0Kgb8IDFIY4qflsxXuw) and is no stranger to police harassment. He has recorded numerous encounters where law enforcement operate outside of their authority, including one posted below with an out-of control federal court security guard.
But never has it escalated to violence or arrest.
Rupeka told PINAC he believes law enforcement should adhere to the same moral code as the rest of society.
> If the average citizen assaulted another person because they were given the finger they would be in jail. Cops should be no different. People always say cops have a tough job. Everyone has a tough job but they don’t get away with violating the law and people’s rights.
Rupeka’s attorney plans to sue Baker and possibly the city and its police department. So, it appears Rupeka will make good on his promise when he told Baker, “I’m going to sue the shit out of you guys”
