COLD STONE CREAMERY: And That’s How Pepper Spray Swirl Became a Flavor…

  Will Cold Stone Creamery be adding Pepper Spray Swirl as a new flavor?  Or Tazerberry?  Will MACE be the newest mix-in?

Reader IllvilleMama jokingly suggested the Pepper Spray Swirl flavor in comments following the story of a fired Cold Stone Creamery employee so loyal that his hands had to be pried from the counter and he had to be pepper-sprayed by police to be removed from the premises.

According to The Daily Journal, the Aug. 9, 2005, incident happened at the Cold Stone Creamery in New Jersey’s Cumberland Mall.

According to court records, it started with Caldwell, an employee, engaging in a dispute with an assistant manager over her instructions. The original police report said foul language in front of customers was involved.

The assistant manager called the ice cream store’s owner, who told her to fire Caldwell. But Caldwell refused to leave, even when police arrived.

Officers used pepper spray to get Caldwell to let go of a counter he was using to resist being taken away.

The municipal court’s punishment amounted to $1,404 in fines and costs.

Caldwell argued on appeal there was not enough evidence to convict him, and he was denied his rights to an attorney, to confront witnesses and due process. He also claimed his right not to incriminate himself was violated.

The opinion from the two-judge appeals panel states the record “fully and firmly supports” the charges against Caldwell, calling his conduct “loud, boisterous and profane.”

“And despite defendant’s other blunderbuss contentions, we find no constitutional deprivation,” it states. “Indeed, we find defendant’s argument that he was deprived of the right to counsel to be particularly frivolous.”

The article states that Rahim Caldwell, 30, has just lost the third appeal of his conviction on three charges.  He represented himself in the last, and hopefully final, appeal.

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photo credit: Yanec   License:  Creative commons

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