Virginia police officers detained an Army officer with a rifle, handcuffed him and dipped him in pepper spray – all during an illegal traffic stop. Officials said Sunday that one of the officers was fired.
Officer Joe Gutierrez has been fired following the December 5 incident, captured on video, the city of Windsor, Virginia said in a statement Sunday, acknowledging the “unfortunate events that took place.” Caron Nazario, a second lieutenant in the US Army Medical Corps, who is black and Latino, is suing the city.
After an internal investigation, the city said Gutierrez did not follow the department’s policy. They did not provide any further information about the other officer involved in the incident, Daniel Crocker, but said the department needed additional training.
“The city of Windsor is proud of its small – town charm and the mutual respect of its police department,” the city said. “As a result, we are saddened by events like this to put our community in a negative light. Instead of diverting criticism, we have addressed these issues administratively with our staff, but we reach out to stakeholders in the community. to engage in conversation and commit ourselves to additional discussions in the future. ‘
In both body camera and cellphone video, Nazario is seen in his army uniform with his hands at the window of his car.
“I did not commit any crime,” Nazario said.
Then two police officers ordered him to get out of the car and pull out their guns.
“I’m honestly scared to come out,” he said.
“Yes dude, you must be,” replied one officer.
In the video, Nazario repeatedly asks why he was pulled over, and one of the two officers sprays pepper and kicks him. He expressed his concern about his dog, who he said was choking on pepper spray in the back seat.
He is then handcuffed to the ground while police search his car.
Nazario asks, “Why am I being treated like this? Why?”
“Because you are not cooperating,” an officer replied.
“You’re driving the lighting, boy,” Gutierrez said.
Attorney Jonathan Arthur, who is representing Nazario in a lawsuit filed against the two officers earlier this month, said he feared that if he took his hands out of sight, even worse would happen.
“To loosen his seat belt, to make any mistake, he was afraid they would kill him,” Arthur told CBS Evening News.
The incident report states that Nazario was initially pulled over because he did not display the labels on his SUV, but the temporary dealer plate is visible in the camera’s video camera. The lieutenant recently bought the car.
Nazario was released without charge. He accused the officers of using excessive force, illegally searching his car and violating his constitutional rights.
“What prompted him to file is the need to stop this behavior,” Arthur said. “The need to hold these two officers accountable and make sure they can not do it again.”
Virginia Gov. Ralph Northam called the incident “disturbing” and said Sunday he was ordering state police to conduct an independent investigation.
“I invite Army Staff Lieutenant Caron Nazario to meet soon – we must all continue the larger dialogue on reform in our country,” he said in a statement.
Following his statement, Virginia State Police said they were conducting a “thorough and objective” criminal investigation into the stop.