ROCHESTER, N.Y. — The mother of the 9-year-old that was pepper-sprayed while in Rochester Police custody on Friday is speaking out after filing a notice of claim against the department and the city.

"You pepper sprayed a 9 year old while she was already sitting inside of a police car, handcuffed. There's no explanation. There's no reason why you should have went that far," said Elba Pope.

What You Need To Know

  • The mother of the 9-year-old that was pepper-sprayed in RPD custody on Friday is speaking out

  • The family filed a notice of claim against the department and city 

  • The notice of claim says the officers' conduct violated constitutional rights, inflicted emotional distress, assault, battery, excessive force, false arrest and false imprisonment

  • Elba Pope says her child has felt like the bad guy since the incident

Pope said that she never thought calling Rochester police for vehicle help and asking an officer to contact someone for mental health would end with her 9-year-old daughter getting handcuffed and pepper-sprayed.

She also believes that her child has felt like the "bad guy" since the incident.

"I'm letting her know every day, 'it's not your fault. You are not responsible. You didn't get me in trouble. You are OK. It was a miscommunication and now that you know, don't feel bad because what you thought happened didn't and you flipped out for no reason. It's OK. It's a mistake and we are going to get through this. You know I'm here for you every step of the way. You don't have to worry about that,'" Pope further explained.

The notice of claim says the officers' conduct violated constitutional rights, inflicted emotional distress, assault, battery, excessive force, false arrest, and false imprisonment. 

Pope's attorney, Lorenzo Napolitano, says they hope a lawsuit sends a message.

"We hope that people remember this situation and that some change will come out of this and in the future, if there is an incident. Someone can be connected with help, connected with mental health rather than be treated like a common criminal," said Napolitano.

Pope says she believes the officers didn't put enough effort into calming her daughter down, who only wanted to be with her father at the time.

"If you can't handle a 9 year old, there's no reason you should be on the force to handle any type of crime, any type of distress. I'm looking for justice and looking for a change in the system," Pope said.

She says she is also supportive of the passage of Nailah's law, which aims to prevent police handcuffing children.

As for the lawsuit, Napolitano adds they are waiting on the city's response.

Rochester's Communications Director Justin Roj released a statement on Tuesday regarding the notice of claim:

"Mayor Warren continues to be outraged by what occurred on Friday, and remains concerned that the child involved and her family get the support they need. She has directed City’s resources to assist them. The Mayor is continuing to work diligently to reform our police department and ensure accountability.”

On Sunday, Rochester Police Locust Club President Michael Mazzeo defended the officers involved in the incident. He said the officer who used the pepper spray was put in a tough situation with a child who was suicidal and had threatened to hurt others. Mazzeo says the city can't prove the officer violated any police policy.

Spectrum News has reached out to the Rochester Police Locust Club for comment regarding the filing of the notice of claim and is waiting for a response.