It was a standoff between a cellphone camera and Mace.

The SLO County Observer, otherwise known as Gabriel Rico Rosas, made a trip to Ventura County on Aug. 3, 2021, armed with his usual camera equipment and something he didn't expect to use—a can of pepper spray.

According to Ventura County court documents, Rosas was filming and livestreaming buildings on West Lewis Street when he was approached by two business owners in the area. They asked what Rosas was doing and why he was filming. In response, the documents state, Rosas answered with one-worded, vague answers. The men then informed Rosas that West Lewis Street was a private street and asked him to leave.

When he refused, the exchange between Rosas and one of the men, identified in Ventura County court documents as Stephan Shay, escalated, leading Rosas to pepper-spray Shay in "self-defense."

That decision led to the arrest and conviction of Rosas, who served a 22-day jail sentence in October and November of this year.

You can watch the events of that day unfold on Rosas' SLO County Observer YouTube channel, where 63,000 people regularly watch the videos of encounters with law enforcement, government officials, and residents, which he films under the pretext of accountability. Rosas doesn't limit his coverage to SLO County; he said he films anywhere he happens to be.

"Wherever I travel, if I see something interesting, whether it's a building, architecture, a fence, a sign, a police encounter, I'm gonna record it," Rosas told New Times after his release.

The 49-minute livestreamed video from that August day in 2021 depicts a tense interaction between Rosas and Shay, who can be seen filming Rosas with his cellphone camera. Tensions escalate between the two when Shay threatens to call the police.

"I'm telling you, get out of my face, man. You want Mace, is that what you want?" Rosas said in the video as he pulled out the can of pepper spray and aimed it toward Shay.

The standoff continued for another three minutes until Shay called 911. When the call ended, Shay began filming Rosas again. Rosas begins walking with the camera, and Shay keeps pace, filming him back. That's when the video appears to show Rosas (who's filming) walking toward Shay, repeating "get out of my face man" before he sprays Shay with pepper spray. The video concludes with Rosas holding his hands behind his head, surrounded by police officers.

Nearly five months after the incident, Shay filed a criminal complaint against Rosas. A jury trial started on Aug. 16, 2022, with Rosas charged with misdemeanor using tear gas not in self-defense. He told New Times that prosecutors initially asked for 10 days of jail time, then 30, but the judge extended his sentence to 45 days with 12 months of probation.

"After the trial, the prosecutor thought that I still wasn't fully remorseful enough. And so he was seeking 30 days," Rosas said. "And the judge went a step further because he just didn't like me or whatever."

Rosas' attorney, David Near, told New Times that the original prosecutor, Celeste Sanchez, was removed from the case after the Ventura County District Attorney's Office received threatening messages regarding the case.

The DA's Office wasn't the only organization dealing with incensed SLO County Observer fans. They posted negative reviews on the business webpage for Virdi Power, whose owner was a witness.

"What a shame. He was not trying to climb your fence and he was not trying to open any doors. You hyperbolated your statement, trying to sure your bet that the charge will stick. What a shame," wrote an anonymous poster. "You lied also the road being private. You know you will probably be involved in a civil litigation suit over this. This man was practicing his first amendment right to film and you violated that right of his."

Rosas' YouTube viewers posted comments throughout the Aug. 3, 2021, livestream. One comment read, "@SLO County Observer Now tell him 'Welcome to the Spice Girls,'" after Rosas pepper-sprayed Shay.

Following Rosas' arrest, court documents state that several other people equipped with cameras arrived at West Lewis Street and began recording the area.

"The people recording reference the defendant's arrest as to the reason why they are at 280 West Lewis St. During their recordings, they are seen harassing the victim, Mr. Shay," court documents said.

The jury convicted Rosas, and his sentence was set to begin on Oct. 24. But the court released Rosas on probation without making him serve jail time. That agreement was on shaky ground after Rosas posted a video on Sept. 7, in which he confided to his viewers that he had been told he'd violated his probation.

"If you don't know, I've been on probation since the sentencing," Rosas said in the video. "[Ventura County Sheriff's Deputy Matthew Keeter] called me and informed me that my last video upload was a violation of my probation. His reasoning was because I was provoking police officers and not listening to what they were telling me."

Rosas pushed back against the accusation, saying that during the time the video was filmed, he wasn't on probation.

He served 22 days in Ventura County Jail for violating his probation. When he was released on Nov. 4, he livestreamed the event for his viewers, exclaiming, "Just got out, shit was cake!"

Even after serving his time, Rosas is still battling with the Ventura County District Attorney's Office. Rosas and his attorneys claim that the DA's Office is refusing to return $2,000 worth of camera equipment that was seized from Rosas and labeled as evidence.

"They basically just kind of stole my equipment, didn't use it, but label that evidence, and they're refusing to give it back," Rosas said. "I've requested the property back and taken all the avenues to try to get it, but they're refusing or just kind of playing games."

Joey Buttitta, communications manager for the DA's Office, said that the office wasn't aware that Rosas had filed a motion to get his equipment returned.

Despite the outcome of the trial, Rosas said he doesn't regret his actions.

"If I can go back and do it over I would have [sprayed him] sooner," Rosas said. Δ

Contact Staff Writer Shwetha Sundarrajan at [email protected].