NORFOLK, Va. (AP) — A U.S. Army lieutenant who was pepper sprayed, beaten and handcuffed by police in rural Virginia but never arrested will allege before a jury that he was assaulted and wrongly imprisoned and that his vehicle has been searched illegally.
The video of the 2020 traffic stop was viewed millions of times the following year after Caron Nazario filed the federal lawsuit now under consideration, highlighting fears of assault among black drivers and stepping up scrutiny of the limits of reasonable and legal policing.
The episode also served as a stark signal to many black Americans that military uniforms don’t necessarily protect against abuse of authority by law enforcement.
The trial begins Monday in federal court in Richmond.
Video shows Windsor police officers Daniel Crocker and Joe Gutierrez pointing pistols at a uniformed Nazario behind the wheel of his Chevy Tahoe at a gas station. The officers repeatedly ordered Nazario to leave his SUV, with Gutierrez at one point warning that Nazario was “about to ride lightning” when he didn’t get out.
Nazario held his hands in the air outside the driver’s side window, constantly asking why he was being stopped.
Nazario also said, “I’m really scared to get out.”
“You should be,” Gutierrez replied.
Nazario remained in the vehicle. Gutierrez continued to pepper spray through the open window. Once Nazario got out of the SUV, officers ordered him to stand on the ground, with Gutierrez using his knees to hit Nazario’s legs, the lawsuit said.
Since the traffic stop, Nazario has developed anxiety, depression and PTSD, according to his lawsuit. He has been unable to leave the house at times due to “exaggerated vigilance regarding the possibility of harassment from law enforcement,” according to court documents.
A psychologist found that Nazario, who is black and Hispanic, suffers from race-based trauma associated with violent police encounters, which can exacerbate injuries “in ways that don’t usually affect the white population.”
“The officers involved not only attacked Mr. Nazario, but pointed their guns directly at him and threatened to kill him at one point during the encounter,” the lawsuit alleges. “Mr. Nazario remembers thinking he was going to die that night.”
Nazario sues Crocker and Gutierrez. Crocker is still on the force, but Gutierrez was fired in April 2021, the same month Nazario filed his lawsuit.
The men deny ever threatening to kill Nazario. They claim that Nazario misinterpreted Gutierrez’s statement that Nazario was “about to ride the lightning”. Gutierrez spoke those words as he holstered his rifle and drew his taser, referring to his stun gun, not an execution, according to court documents.
Crocker and Gutierrez claim they were fulfilling their duties within the law after Nazario failed to stop immediately and refused to leave his vehicle. In addition, a federal judge already found they had probable cause for stopping Nazario for an improperly displayed license plate, and charging him with evading police, as well as obstructing justice and disobeying.
“To the extent that Mr. Nazario claims mental pain or other psychological injuries, Mr. Nazario is still in the Virginia National Guard — there is no evidence that he was medically retired or otherwise discharged in connection with this incident,” a lawsuit said. submitted by Gutierrez at the end of November. “In fact, Mr. Nazario was deployed to Washington, D.C. shortly after the traffic halt in support of the January 6, 2021 disturbances.”
Nazario, a medical officer, said he arrived after the uprising took place, according to a statement.
In addition to Nazario’s lawsuit, the fallout from the traffic stoppage includes a lawsuit brought by the Attorney General alleging that Windsor discriminated against black Americans. The small town is about 70 miles southeast of Richmond.
In August, a special prosecutor ruled that Gutierrez should not face criminal charges, but should be investigated for possible civil rights violations.
“While I find the video very disturbing and frankly disturbing, Gutierrez’s use of force to remove Nazario was not against state law as he had given Nazario multiple orders to get out of the vehicle,” said Special Prosecutor Anton Bell in his report.
U.S. District Judge Roderick C. Young also limited the scope of Nazario’s lawsuit. In August, Young ruled that federal immunity laws protect Crocker and Gutierrez from Nazario’s claims that they violated his constitutional protections against excessive force and unreasonable seizure, as well as Nazario’s right to free speech by threatening him with arrest if he complained about their conduct.
Nazario can bring claims under state law of false imprisonment and assault and battery to a jury, the judge ruled. The judge also found Crocker liable for illegally searching for a gun in Nazario’s SUV, leaving the issue of damages to a jury on that point. Nazario had a concealed carry permit for the weapon.
The jury will also consider whether Gutierrez is liable for the illegal search. The former officer denies knowing Crocker was leading the search.
Nazario’s attorneys are expected to provide evidence of Gutierrez’s professional history, including an unrelated suspension without pay for excessive force.
That episode took place during a traffic stop in 2019 while Gutierrez was serving as an Isle of Wight County sheriff’s deputy. Gutierrez pointed his gun at the driver during the two times the man exited his vehicle and held him at gunpoint for nearly four minutes until another officer arrived, according to court records.
While trying to handcuff the man, Gutierrez grabbed him by the neck and “pushed his face against the pavement while trying to put him on his stomach,” the findings said. The man suffered a facial injury that required medical attention.
