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May 5, 2005 - Pepper Spray Gun on Trial

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A lawyer for the manufacturer of the weapon that killed Victoria Snelgrove said yesterday that it is widely used around the world and has never caused any other deaths.

"It's a true tragic accident," said the lawyer for FN Herstal. "The client believes its product is both safe and effective when properly used by trained law enforcement officers and military personnel."

The FN303, which fires pellets filled with pepper spray that are designed to break apart after hitting the body, is used by the US Army in Iraq, Afghanistan, and throughout Europe.

Snelgrove, a 21-year-old Emerson College student, was struck in the eye and killed by a pellet fired by Boston police last October while Red Sox fans celebrated the American League championship. Her family, which is getting a $5 million wrongful-death settlement from the City of Boston, is considering a lawsuit against FN Herstal.

Representatives from FN Herstal met recently with the independent panel appointed by Police Commissioner Kathleen M. O'Toole to investigate Snelgrove's death, Falk said.

The commission's chairman said yesterday that three representatives from FN Herstal met with the commission members.

O'Toole, who pulled the FN303 from department use immediately after Snelgrove's death, raised questions about a statement on FN Herstal's website that the FN303's projectiles have been "designed especially to break up on impact, eliminating risks of penetrating injury."

"This is a compressed air launcher that is designed and represented to require refilling of the air canister after 100 rounds," Herstal's representative said. "It's as if you were driving a car and you had a full tank of fuel. After your fuel runs out, you'll experience reduced performance....Some old training projectiles, which are two generations out of date and had probably leaked...were found to be the cause of the performance issues," he said.

Neither Herstal nor its lawyer would comment on the City of Boston's commitment to cooperate with the Snelgrove family in any lawsuit filed against FN Herstal. Under the settlement, the city and the Snelgroves' lawyer announced Monday, the city would get half of what the Snelgroves win from FN Herstal, up to $2 million.

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