Prosecutors will present the case of an APD officer using pepper spray on a handcuffed man to a grand jury for possible indictment against the officer.

The grand jury will determine whether Officer Cameron Caldwell should be charged in the matter. Caldwell was videoed by a citizen photographer shooting pepper spray in the face of the man after he refused to stop kicking a police transport van during South by Southwest in March.

In August, Police Chief Art Acevedo suspended Caldwell 45 days, and is still currently serving the suspension. KVUE learned Wednesday that APD also sent the case to prosecutors to review, and that prosecutors will present the case in the first week of December.

Caldwell’s attorney, Brad Heilman, told KVUE’s Tony Plohetski, “He is looking forward to telling his side of the story to the grand jury. I believe the grand jury will see that Officer Caldwell did not commit a crime. Officer Caldwell is looking forward to putting this behind him and moving forward with his career.”