Published: Nov 11, 2011 12:09 AM EST
Updated: Nov 11, 2011 12:26 AM EST

FORT MYERS, Fla.-WINK NEWS has obtained a new photo showing Nicholas Christie moments after he was pepper sprayed in the Lee County Jail. Christie died in Mach of 2009 after being OC or pepper sprayed ten times in a 48-hour period in the jail.
Christie was in jail for causing a disturbance at the hotel he was staying. His wife had repeatedly reported to law enforcement that her husband had a medical condition and was suffering from a mental episode.

The picture taken of Christie from within the Lee County Jail shows him strapped naked to a restraint chair and pepper sprayed with a spit mask over his mouth.

"That evokes thoughts of being tortured," Nick DiCello said. DiCello is representing the Christie family in their civil lawsuit.
"I don't like to comment on the specifics. We are in discovery. We are learning more each time we go down and conduct depositions. And we're learning there are at least one...or maybe more...that saw what was happening and had a problem with it. Had a real problem with it," said DiCello.
He's referring to several depositions obtained by WINK NEWS.
Dicello says though the picture says a lot, he believes the autopsy report says more.
"When the medical examiner received Nick's body for examination, which is a couple of days removed from when he was sprayed the autopsy report shows that he is covered in an orange brown spray. Everyone we have asked has said 'yeah you can see it on him,'" said DiCello.
DiCello says his clients believe that Nick would be here today if he hadn't been sprayed so many times.

The State Attorneys Office investigated the incident and cleared the Lee County Sheriff's office of any wrongdoing.

Sheriff Mike Scott has declined to comment on the case citing the ongoing litigation.