A Windsor, Virginia police officer who sprayed an army officer with pepper spray during a traffic stop last year has been fired, Windsor police announced on Sunday.
Joe Gutierrez was one of two Windsor police officers caught on camera pointing their guns at Caron Nazario, a second lieutenant in the military, at a traffic stop at a gas station in December.
In a body camera video shared online by The Associated Press, Gutierrez also sees Nazario spraying pepper spray several times after one of the officers tried to open his car door.
In a statement released Sunday, Windsor police said they had opened an investigation into Gutierrez’s use of force, which revealed that the department’s policies were “not being followed.”
“At the end of this investigation, it was determined that the Windsor Police Department’s policy was not being followed,” the department wrote in a statement.
“This resulted in disciplinary action, and department-wide requirements for additional training were introduced from January and continue to date. Since then, Agent Gutierrez has also been fired, ”the department added.
Earlier this month, Nazario filed a lawsuit alleging that the agents violated his constitutional rights during a traffic stop in the southeastern city of Windsor, about 74 miles west of Virginia Beach.
In the statement, Windsor Police said it had “openly provided documents and related video to Lieutenant Nazario’s attorneys.”
In addition, city officials said they had requested an investigation into the event by Virginia State Police.
Virginia Gov. Ralph Northam (D) announced earlier Sunday that he is ordering Virginia State Police to conduct an independent investigation into the traffic stop and use of force.
Video from The AP shows Nazario, who is Black and Latino, sitting in his parked car at a gas station, dressed in uniform, with his hands up as the two officers aim their guns at him.
The officers were videotaped ordering Nazario to get out of his vehicle, to which he replied, “I’m really scared to get out.”
“Yes, you should be, go away!” one of the agents can be heard responding.
The other officer, Daniel Crocker, had previously radioed to the station that he was attempting to run over a vehicle with tinted windows that, according to the AP, did not appear to have a rear license plate. He called the situation a ‘high-risk traffic stop’ and said the driver was ‘dodging the police’.
However, Nazario said he was not trying to escape from the officer while driving home from his station, but instead wanted to stop in a well-lit area “for the safety of the officer and out of respect for the officers.”
In the lawsuit, Nazario said that once the agents arrived at the gas station, his rear license plate was clearly visible, but the agents still immediately drew their weapons and aimed at Nazario.