A Windsor, Virginia police officer who shot an Army officer during a traffic stop last year has been fired, the Windsor police department announced Sunday.
Joe Gutierrez was one of two Windsor police officers caught in the camera pointing their guns at Caron Nazario, a second lieutenant in the army, at a gas station traffic stop in December.
In the body camera video shared online by The Associated Press, Gutierrez is also seen dusting his nose several times, after one of the officers tried to open the door of his car.
In a statement issued Sunday, the Windsor police department said it was conducting an investigation into the use of Gutierrez’s force, which determined that “the department’s policy was not being followed.”
“At the end of this investigation, it was determined that the policy of the Windsor Police Department was not being followed,” the department wrote in a statement.
“This led to disciplinary action and requirements were implemented throughout the department for additional training from January and continue to the present. Since then, Officer Gutierrez has also been fired from his job.” added the department.
Earlier this month, Nazario filed a lawsuit arguing that officers violated their constitutional rights during a traffic stop in the southeastern city of Windsor, located about 46 miles west of Virginia Beach.
In the statement, the Windsor police department said it “has openly provided documents and videos related to Lieutenant Nazario’s lawyers.”
In addition, city officials said they requested an investigation into the event by Virginia state police.
Virginia Gov. Ralph Northam (D) announced earlier Sunday that he is directing Virginia state police to conduct an independent investigation into the traffic stop and use of force.
The AP video shows Nazario, who is black and Latino, sitting in his car parked at a gas station, dressed in a uniform, with his hands raised, while the two officers aimed their weapons.
Officers were captured in a video ordering Nazario to get out of his vehicle, to which he responds, “I’m sincerely afraid to get out.”
“Yeah, you should be, get out!” one of the agents can be heard responding.
The other agent, Daniel Crocker, had radioed the station saying he was trying to pull a vehicle with tinted windows that appeared to have no rear license plate, according to the AP. He described the situation as a “high-risk traffic stop” and said the driver was “evading police”.
Nazario, however, said he was not trying to escape the officer driving home from his destination, but wanted to stop in a well-lit area “for the safety of officers and out of respect for officers.”
In the lawsuit, Nazario said that once officers arrived at the gas station, the rear license plate was clearly visible, but officers immediately threw down their weapons and aimed them at Nazario.