Virginia police officers held an army officer at gunpoint, handcuffed him, and doused him with pepper spray – all during an illegal traffic stop. Officials said on Sunday that one of the agents has been fired.
Agent Joe Gutierrez was fired after the December 5 incident, which was captured on video, the city of Windsor, Virginia said in a statement on Sunday, acknowledging the “unfortunate events that have occurred.” Caron Nazario, a second lieutenant in the US Army Medical Corps, Black and Latino, is suing the city.
After an internal investigation, the city said Gutierrez was not following departmental policies. They did not provide further information about the other officer involved in the incident, Daniel Crocker, but said the department needs additional training.
“The city of Windsor prides itself on its small-town charm and the respect of the police throughout the community,” the city said. “Therefore, we are saddened that events like these cast our community in a negative light. Rather than warding off criticism, we have discussed these issues administratively with our staff, but are reaching out to to go and commit ourselves to additional discussions in the future. “
Both in the camera of the body and in the video of a cell phone, Nazario, in his army uniform, is seen with his hands out the window of his car.
“I have not committed any crime,” said Nazario.
Then two policemen order him to get out of the car and draw their guns.
“I’m really scared to get out,” he said.
“Yes dude, you should be,” replies an officer.
In the video, Nazario repeatedly asks why he was arrested, and one of the two officers sprays and kicks him. He expresses concern about his dog, who he says is choking on pepper spray in the back seat.
He is then handcuffed to the ground while the police search his car.
Nazario asks, “Why am I treated like this? Why?”
‘Because you are not cooperating’, an officer responds.
“You plan to ride the lights, son,” Gutierrez said.
Lawyer Jonathan Arthur, who represents Nazario in a lawsuit filed against the two agents earlier this month, said he was concerned that something worse would happen if he took his hands out of sight.
“To unbuckle his seat belt, do something, every misstep – he was afraid they were going to kill him,” Arthur told CBS Evening News.
The incident report stated that Nazario was initially detained for not displaying any tags on his SUV, but the temporary dealer plaque is visible in the officer’s camera video. The lieutenant had recently bought the car.
Nazario was released without being charged. He has accused the officers of using excessive force, illegally searching his car and violating his constitutional rights.
“What prompted him to file a file is the need to stop this behavior,” Arthur said. “The need to hold these two agents to account and make sure they can’t do it again.”
Virginia Governor Ralph Northam called the incident “disturbing” and said on Sunday that he is ordering state police to open an independent investigation.
“I invite Army Doctor Lt. Caron Nazario to meet soon – we all need to continue the greater dialogue on reforms in our country,” he said in a statement.
In response to his statement, Virginia State Police said they are conducting a “thorough and objective” criminal investigation into the traffic stop.