Windsor police on Sunday fired a police officer from Windsor, Va., Who sprayed an army officer with pepper spray during a traffic stop last year.
Joe Gutierrez was one of two Windsor police officers caught on camera with their guns on Caron Nazario, a second lieutenant in the military, in December at a stop at a gas station.
In an in-camera video shared online by The Associated Press, Gutierrez is also seen Nazario several times with pepper spray, after one of the officers tried to open his car door.
In a statement released Sunday, the Windsor Police Department said it had investigated the use of Gutierrez, which stated that the department’s policy was “not being followed.”
“At the end of this investigation, it was determined that the policy of Windsor Police is not being followed,” the department wrote in a statement.
“This has led to disciplinary action, and departmental requirements for additional training have been implemented from January and will continue to this day. “Since then, Officer Gutierrez has also been fired,” the department added.
Earlier this month, Nazario filed a lawsuit alleging that officers violated his constitutional rights during a stop in the southeastern city of Windsor, about 75 miles (75 km) west of Virginia Beach.
In the statement, the Windsor Police Department said it “openly provided documents and related video to attorneys for Lieutenant Nazario.”
In addition, city officials said they are requesting an investigation into the incident by Virginia State Police.
Virginia government Ralph Northam (D) announced earlier Sunday that he is instructing Virginia police to conduct an independent investigation into stopping traffic and using force.
Video from The AP shows Nazario, the Black and Latino, sitting in his parked car at a gas station, dressed in uniform, with his hands up while the two officers point their guns at him.
The officers were caught on video and ordered Nazario to leave his vehicle, to which he responded, “I am honestly afraid to get out.”
“Yes, you must be, go out!” one of the officers can hear responding.
The other officer, Daniel Crocker, had earlier played at the station, saying he was trying to pull over a vehicle with tinted windows that apparently did not have a rear license plate, according to the AP. He called the situation a “high risk traffic jam” and said the driver was evading police.
Nazario, however, said he did not try to escape the officer on his ride home from his service station, but rather wanted to stop in a well-lit environment “for the safety of the officer and out of respect for the officers.”
In the case, Nazario said that as soon as the officers arrived at the gas station, his back number plate was clearly visible, but the officers still immediately drew their guns and pointed at Nazario.