Virginia police officers grabbed an army officer at gunpoint, handcuffed him and wrapped him in pepper spray, all during an illegal traffic stop. Officials said Sunday that one of the officers has been fired.
Officer Joe Gutierrez was fired after the December 5 incident, who was captured on video, the city of Windsor, Virginia, said in a statement on Sunday, acknowledging the “unfortunate events that happened.” Caron Nazario, second lieutenant in the U.S. Army Medical Corps, black and Latin, is suing the city.
After an internal investigation, the city said Gutierrez was not following the department’s policy. They did not provide any additional information about the other agent involved in the incident, Daniel Crocker, but said the department needs additional training.
“The city of Windsor is proud of its charm of small towns and respect for the entire community of its police department,” the city said. “Because of this, it saddens us that events like this focus our community in a negative light. Instead of diverting criticism, we have addressed these issues with our staff administratively, we are contacting community stakeholders. to engage in dialogue and engage ourselves in further discussions in the future. “
In both the body camera and cell phone video, Nazario is seen, in army uniform, with his hands out the car window.
“I didn’t commit any crime,” Nazario said.
Then, two police officers order him to get out of the car, pulling out his weapons.
“Honestly, I’m afraid to go out,” he said.
“Yes, friend, you should be,” an officer replies.
In the video, Nazario repeatedly asks why he was arrested and one of the two officers makes peppers and kicks him. He expresses his concern for his dog, who says he drowns with pepper spray in the back seat.
He is then handcuffed to the ground while police searched his car.
Nazario asks, “Why are they treating me like that? Why?”
“Because you’re not cooperating,” one officer replies.
“You’re arranging to mount the lighting, son,” Gutierrez said.
Prosecutor Jonathan Arthur, who represents Nazario in a lawsuit filed earlier this month against the two agents, said he feared that if he took his hands out of sight, something even worse would happen.
“To take off his seat belt, do anything, any wrong step, he was afraid they would kill him,” Arthur told CBS Evening News.
The incident report said Nazario was initially removed for not showing tags on the SUV, but the dealer’s time plate is visible in the camera video of the agent’s body. The lieutenant had recently bought the car.
Nazario was released without being charged. He has accused 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’t do it again.”
Virginia Gov. Ralph Northam called the incident “disturbing” and said Sunday he is directing state police to conduct an independent investigation.
“I invite Lieutenant Caron Nazario, an army doctor, to meet soon; we must all continue the broader dialogue on reform in our country,” he said in a statement.
Following his statement, Virginia state police said he is initiating a “thorough and objective” criminal investigation into the traffic stop.