Oh he was, I remember at the time this exploding on the web but, it's his own fault.
I've done a little more digging (just because I can't get this to sit right in my own head...) and it seems:
The investigation found not only that Pike didn't need to use the spray, but that he used a spray not sanctioned by the department and he used it from an unsafe distance.
http://www.loweringthebar.net/2013/10/pepper-spray.html
Not sure about the source but again, this is totally his own fault (plus with no criminal charges brought) so I just have a hard time seeing how he should get anything.