This is not a legal question. I am not sure how attorneys would know if anyone has died from pepper spray or not.
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Pepper spray is usually not deadly, but it can be.
I present to you Exhibit A: http://www.spike.com/video-clips/igkqvo/1000-ways-to-die-plugged-up
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There have been some publicized deaths due to pepper spray, raising questions as to whether its use is a civil rights violation (excessive force). A quick internet search reveals that death is possible in certain circumstances.
In recent news, a civil suit is pending on this very matter:
This advice, despite its helpful nature, should prompt you to contact an attorney to confirm the propriety of any action taken that would affect your rights in a court of law.